The Decree of the President of the Republic No. 12 of January 13, 2025, introducing the National Unified Table (TUN) for the compensation of non-pecuniary damage arising from major injuries caused by motor vehicle and watercraft accidents, as well as healthcare-related activities, has been published in the Official Gazette. The decree will enter into force on March 5, 2025, with the aim of ensuring uniformity in damage assessment nationwide.

Key Provisions:

1. Adoption of Standardized Tables
   Article 1 of the decree establishes three main calculation tools:
   • Multiplicative and de-multiplicative coefficients for the assessment of biological and moral damage (Annex I);
   • National pecuniary value table for each point of permanent disability, varying according to the injured party’s age (Annex II, Table 1);
   • Table of biological damage, inclusive of moral damage, with differentiated increases for minimum, average, and maximum values (Annex II, Table 2).
2. Valuation of the First Disability Point
   Pursuant to Article 2, the value of the first disability point is aligned with the provisions of Article 139 of the Private Insurance Code (Legislative Decree No. 209/2005), ensuring continuity with the existing system. 
3. Increase in Moral Damage Compensation for Temporary Disability
   Article 3 establishes that, for temporary injuries, the moral damage increment shall range between 30% and 60% of the liquidated temporary biological damage. 
4. Periodic Adjustment and Financial Neutrality Clause
   The National Unified Table will be updated by decree of the Ministry of Enterprises and Made in Italy, in consultation with IVASS, based on ISTAT mortality tables and the revaluation rate (Article 1, paragraph 2). Furthermore, pursuant to Article 4, the decree does not impose any new or additional financial burdens on public finances. 
5. Application Only to Accidents Occurring After the Effective Date
   The provisions of the decree shall apply exclusively to accidents occurring on or after March 5, 2025, in accordance with Article 5.

The introduction of the TUN marks a significant innovation in the regulation of compensation for non-pecuniary damages, bringing greater uniformity and certainty. The goal is to make compensation costs more predictable, simplifying and speeding up the resolution of disputes while reducing the discretion of the courts. It is undoubtedly true that this tool, regardless of the assessments concerning the new damage quantification rules, will certainly help make the compensation process more certain, preventing the uncertainties previously associated with the use of different tables on a local basis.

Furthermore, the new calculation system is not limited to biological damage but also includes temporary and moral damages, allowing for, when necessary, a personalized compensation based on the specific circumstances of the damage incurred. In this regard, an initial review suggests that the new TUN highlights a significant reduction in the compensation for temporary biological damage.

The adoption of this new TUN has received generally positive feedback from the market (mainly the insurance sector), as, for the reasons mentioned, it helps create a more certain legal context and makes the compensation system faster and more efficient, offering tangible benefits for all parties involved