Parental Loss Damage and the Point System: The Orientation of the United Chambers

1. The fact

   The case stems from a series of appeals regarding the compensation for non-pecuniary damage suffered by relatives of fatal accident victims. For decades, Italian trial courts were divided between two approaches: as highlighted by «Il Sole 24 Ore», the Milan Tables provided a monetary range between a minimum and a maximum, whereas the Rome Tables offered a calculation based on numerical scores for age, cohabitation, and the number of surviving relatives. The matter reached the United Civil Chambers of the Supreme Court, exercising its harmonizing function to resolve a conflict that threatened legal certainty. The legal journals «Guida al Diritto» and «Altalex» stressed how the lack of a uniform standard resulted in severe compensatory disparities for identical situations. The ruling established that judicial discretion must be bounded by objective criteria, recognizing the primacy of the Milan Tables in the version integrating the point system since 2022 as the only model aligned with the principle of oriented equity.

2. 

   The rules at play

   The core regulatory framework rests on Art. 2059 of the Civil Code, governing non-pecuniary damage, and Art. 1226 of the Civil Code, which grants the court equitable assessment powers when damage cannot be proven in its exact amount. Art. 3 of the Constitution represents the guiding principle of the judgment, requiring consistent compensation throughout the national territory for equivalent losses. A breach of these parameters constitutes a violation of law, allowing an appeal to the Supreme Court if the lower court relies on arbitrary or unreasoned criteria.

3. What the case law says

   The jurisprudence of the Supreme Court has undergone a significant evolution. Initially, the Milan tables were granted a benchmark status nationwide due to their widespread adoption. However, subsequent case law criticized the excessive discretion permitted by the Milanese range, arguing that the Roman point system provided greater transparency in the judge's reasoning. The United Chambers clarified that equity is not unconstrained subjective justice, but requires standardized guidelines to ensure judicial accountability. It remains established that parental loss damage is never presumed in re ipsa, requiring proof of the genuine emotional bond, which may also be provided through presumptions.

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8. What it teaches professionals

   1. Targeted burden of proof: proving kinship alone is insufficient; specific evidence demonstrating the actual depth of the relationship must be produced.
   2. Precision in calculation: attorneys must structure claims in accordance with the mathematical criteria of the point tables to avoid objections of vagueness.
   3. Grounds for personalization: practitioners must identify extraordinary factors not captured by standard metrics (such as age and residence) to justify requests for equitable increases.

References: Art. 2043 c.c.Art. 2056 c.c.Art. 2059 c.c.Art. 1226 c.c.Art. 3 Cost.Art. 111 Cost.

Editorial oversight: Avv. Federico Papa·ICAMUpdated 2 November 2026Content drafted with AI support and subject to editorial source checks. Despite these controls, inaccuracies may remain: reports and rectification requests are welcome. Report a correction