The litigation was initiated by Trofin and Associates Law Firm, and in the first procedural cycle, the Court ordered the full coverage of the moral prejudice suffered and claimed by granting the sum of EUR 300,000. The decision of the Ilfov Court was appealed by the insurer and the Court of Appeal ordered the reduction of the moral damages to EUR 30,000.
Against this decision we filed an appeal, criticizing both the groundless appeal and summary considerations of the Court of Appeal. The High Court of Cassation and Justice admitted the appeal filed by Trofin and Associates, overturned the decision of the Court of Appeal, rejecting the insurer’s appeal and validating the decision of the Court of First Instance, whereby the insurer was obliged to pay the sum of EUR 300,000.
The High Court’s decision is a particularly important precedent in the field of moral damages, making a clear and fair distinction between the permanent disability that can be suffered, the age of the person irremediably bearing the traces of an accident and the major psychological impact of these traumas on the victim. In a judicial context in which moral damages are arbitrarily left to the discretion of the judge based on a rather vague principle of avoiding unjust enrichment, the practice of the Supreme Court sets certain essential jurisprudential criteria in the above-mentioned field.
The Trofin and Associates team coordinated by Valentin Trofin, who assured the client’s representation in this dispute, was led by Oana Cuciureanu, Partner & Head of Litigation, with an important role in the preparation of defense. An important role in preparing the defence was played by Raluca Neacsu, Associate and Mihaela Atanasiu, Senior Associate.
