Our team achieved an important success for our client in front of the High Court of Justice and Cassation, in a complex and difficult case. The case was finally ruled after all procedural cycles due to the involved requested amount. The sum of EUR 300,000 was considered an equitable solution due to the severe traumas suffered by our client.
Our client, a young woman of only 24 years old at that time was involved in a serious impact in the mountains. Immediately after the violent strike, she lost one finger of her right – hand and other two fingers stayed completely non-operating. The young lady suffered three painful and urgent surgeries, but unfortunately, none of them granted the full movement of the injured fingers. Practically, her right hand lost more than 70% of its capacity and mobility. This permanent infirmity, beside the physique aspect, caused the victim an irreparable mental trauma.
In the first cycle, the Court ordered that the insured will pay moral damages in the amount of EUR 300,000 as a result of the psychological trauma and permanent disability suffered by our client. The insurer appealed the decision and obtained a major reduction of the moral damages in excess of EUR 30,000. In the later cycle, we represented our client in front of the High Court of Justice and Cassation and the appeal was quashed and the decision was in our client’s favour in the form of moral damages in the amount of EUR 300,000. The decision is very important seeing as it establishes criteria to determine moral damages for future cases. The High Court’s decision makes an important distinction between permanent disability and psychological impact as a direct effect of the traumas endured by our client.
Trofin & Associates was founded by Mr. Valentin Trofin and the team who assured the client’s representation, was led by Mrs. Oana Cuciureanu, Partner and Head of the Litigation Department. Ms. Raluca Neacsu Associate and Ms. Mihaela Atanasiu, Senior Associate were also part of the team.
More information might be found at www.trofin.com