New Guidelines for Assessing Non-Pecuniary Damages
The Court of Milan has published the new “Guidelines for the Assessment of Non-Pecuniary Damages Arising from the Loss of a Family Relationship – Integrated Point-Based Tables – 2022 Edition”.
According to the publication, the Milan Civil Justice Observatory updated its previous guidelines following the position recently taken by the Italian Court of Cassation in judgment No. 10579/2021.
The Court held that, in order to ensure both proper assessment of the circumstances of each case and consistency in comparable cases, damages for the loss of a family relationship should be calculated using a point-based table. This system must include an average point value drawn from precedent, a modular structure and a list of relevant factual circumstances, including the age of the victim, the age of the surviving relative, the degree of kinship and cohabitation, together with the relevant scores. Adjustments may be made to the final amount where justified by the specific circumstances of the case, unless the exceptional nature of the case requires a separate assessment with adequate reasoning.
The full publication of the Court of Milan is available as an attachment.
For further information, please contact Paula Vega at p.vega@bmvinternational.com.
