Italy has introduced a new standard for calculating compensation in cases involving serious injuries from road accidents or medical malpractice.
As of March 5, 2025, a National Compensation Table for non-economic damages (exceeding 10% of permanent disability) resulting from traffic accidents is officially in effect, (read what to do in case of a traffic accident in Italy) or cases of malpractice.
This new table replaces the previously used Milan and Rome tables and establishes uniform criteria for calculating compensation throughout the country.
What Is the National Compensation Table (TUN)?
The TUN—short for Tabella Unica Nazionale—is a legal tool that provides standardized guidelines for evaluating non-economic damages resulting from permanent or significant injuries caused by traffic accidents or medical negligence.
It assigns a fixed monetary value to each percentage point of permanent disability (from 10 to 100 points), with adjustments based on:
- Permanent biological damage (long-term impairment of physical or mental integrity), with compensation values also varying according to the victim's age.
- Moral damage, referring to the emotional suffering caused by the incident.
- Temporary biological damage, which reflects periods of temporary disability.
Legal Basis: Presidential Decree No. 12/2025
The new table was introduced through the Presidential Decree of January 13, 2025, No. 12, implementing Article 138 of the Private Insurance Code.
The goal is to provide fair compensation for harm that cannot be easily quantified in monetary terms.
It adopts a points-based compensation system, previously recognized by the Supreme Court, with the initial base value for minor injuries set at €947.30.
How Compensation Changes Under the New Table
Compensation under the TUN will now follow standardized principles:
- Increases with the severity of permanent disability (biological multiplier).
- Decreases with the age of the victim (demographic factor), although moral suffering can offset this reduction.
Key Changes Introduced by the TUN
- Nationwide uniformity: Courts must apply the same criteria nationwide—ensuring consistent compensation whether a case is in Milan or Palermo.
- Fixed value per disability point: Each percentage of disability has a fixed value, adjusted based on the victim's age and severity of the impairment.
- Four-tier moral damage assessment: Emotional suffering is now evaluated on four levels—none, mild, moderate, or severe.
Retroactive Application: Yes or No?
The rule's retroactivity depends on the case:
- For road accidents, the new table applies only to incidents occurring after March 5, 2025.
- For medical malpractice, it may also be applied retroactively, even to cases that occurred before the decree came into force.
How Compensation Is Calculated
Compensation is determined by:
- Multiplying the number of disability points by
a value that increases with severity.
- The current base value for the first point is €939.78.
- Adding €39.37 per day of full temporary disability.
Both values are updated annually based on inflation and ministerial decrees.
The biological multiplier ensures proportional growth of compensation with the level of impairment. Age further adjusts the final amount—older victims receive slightly lower compensation.
Medical-Legal Criteria
Assessment is based on:
- Type of impairment and its impact on daily activities.
- Detailed evaluation of dental, visual, auditory, psychological, and aesthetic damage, taking into account age, gender, and severity.
- Moral damages are calculated by adding a percentage to the biological damage value, based on the degree of disability.
Biological Damage Explained
Biological damage refers to any impairment of a person's physical or mental integrity that warrants compensation. It is considered non-economic, as it cannot be measured by direct financial loss but rather by its effect on the person's life.
It can be:
- Permanent, if the condition is irreversible.
- Temporary, if recovery is possible.
- Accompanied by moral damage—psychological suffering.
In cases of permanent damage, the victim's age is always factored into the calculation.
Types of Injuries Covered by the Table
The TUN includes:
- Physical impairments affecting different body parts.
- Motor impairments affecting mobility.
- Sensory impairments (vision or hearing).
- Psychological conditions impacting social or work life.
- Aesthetic damage affecting appearance and self-esteem.
- Dental injuries, assessed with specific reference tables.
Criteria for Assessing Moral Damage
Moral damages are calculated by applying a percentage increase to the biological damage amount.
Factors include:
- Degree of disability.
- Multipliers based on age, gender, and nature of the impairment.
- Personal context, such as the victim's lifestyle and emotional impact.
What Is Not Covered by the TUN?
The TUN only applies to:
- Traffic-related injuries
- Medical malpractice cases
Other serious injuries from different causes (e.g., public hazards) are still evaluated using traditional judicial tables (Rome and Milan).
Not covered by the TUN:
- Catastrophic damage: extreme suffering prior to death.
- Non-economic damage from loss or serious compromise of a close relationship, for which Rome and Milan tables remain the standard.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
