With the judgment 21939/2017, the Court of Cassation stated that in the terms of liquidation of non-economic damages, it is for the court to assess a correct quantification of the said damage.

In particular, there should be destinguished the so-called common consequences, that is, what any victim of an injury would suffer, and the peculiar consequences, only verified in specific cases. In fact, the judge must evaluate, expressly stating the reasoning and taking into account the factual circumstances and peculiarities of the case, that the peculiar consequences prevail over the common consequences already anticipated and offset by the liquidation of the non economic damages assured by the tabular projections.

These peculiar consequences lead to the personalization of damages in the light of the particular sufferings or disturbances of the lifestyle that the injured subject may have had only in the particular case.