Court of Cassation, sez. III, Judgement of 12 October 2010, No 21012
On the issue of damages to the person, the aftermath of an aesthetic self-treatment may receive a compensation, in the strict capital requirements, if not only cause a negative impact on employment already taken place, but also on a 'future activity, preclude or make it more difficult to achieve. This was stated by the Supreme Court Judgement No 21012, filed on 12 October.
Following a car accident, the victim sought compensation for the loss of aesthetics, independent of the method in relation to an injury micropermanente, however, denied by the Court hearing the case of a very small scar destined to become less visible with the passage of time. In
Cassation, the plaintiff argues that the trial court did not take into account the findings of the technical consultant, but merely to offer its own assessment with regard to the nonexistence of permanent sequelae of disabling nature, for he had only seen the scar, without considering the consequences resulting from the "blow of the whip. "
SC rejects the appeal: the Court had considered all the consequences resulting from the accident (functional limitation, and spine to the forehead scar), as assessed by the OTC as the permanent consequences of the extent of 5%, and considered that the damage Organic could be settled in an equitable basis, without resorting to tables provided for the permanent consequences more severe.
In particular, as repeatedly affirmed by the Court's legitimacy, in the presence of the permanent consequences of small claims ("micropermanenti") that do not translate into a proportional reduction in capacity in line of work, the damage to profits configurable only if there is evidence that suggests that, because of the aftermath, the subject actually derive less income from their work, since any further or other injury compensable under biological damage.
Finally, with regard to aesthetic damage, stoats insist that "in terms of damages to the person, the aftermath of an aesthetic (in this case, measured as total biological damage permanent 5%), as incidents in a negative way on their personal relationships, self-treatment may receive a compensation, in the strict capital requirements, when, while causing a so-called "micropermanente" on a strictly biological, possibly causing an adverse impact not only on previous occupation, but also on future activity, preclude or make it more difficult to achieve, in relation to age, sex of the victim and any other useful special circumstance. "
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