The issue of reflective non-pecuniary damages is widely discussed in Portuguese courts, especially regarding their admissibility and determination.
It is well known that reflective non-pecuniary damages correspond to the moral (or psychological) suffering endured by a person as a consequence of damages suffered by another, usually someone with whom they have a close relationship (spouse, child, parent, etc.). These damages are supported by civil law, particularly in articles 483 and 496 of the Civil Code, and the most widely accepted doctrinal and jurisprudential view is that only those which are serious should be protected by law.
In this regard, the Supreme Court of Justice’s decision of April 8, 2025 (published at www.dgsi.pt) was clear in admitting that “The Supreme Court of Justice has unified jurisprudence in the sense that articles 483/1 and 496/1, both of the Civil Code, should be interpreted as covering non-pecuniary damages, particularly serious, suffered by the spouse of a surviving victim, who was particularly seriously affected.” However, this decision was more specific in determining that “The right to compensation for reflective non-pecuniary damages will only be admissible in exceptional cases, namely, when the pain and suffering of people with a close emotional relationship with the injured party are to be qualified as particularly serious and constitute a (mediate) consequence of the injuries, also particularly serious, caused to the direct victim, even if the latter survived.”
Thus, it is not enough that there is a potentially applicable case within the legal framework of reflective moral damages; it is essential that, for it to be protected by law and consequently eligible for compensation by the court, such damages must be of particular seriousness. For example, the aforementioned judicial decision did not grant any compensation in a case where a daughter suffered from learning about her father’s accident, determining that “The emotional shock suffered by the plaintiff upon hearing of her father’s accident and the psychological strain resulting from accompanying his suffering daily, without the direct victim’s sequelae implying intense suffering in their relationship, do not warrant compensation as non-pecuniary damage.”
Therefore, we can determine that this type of damage is only considered for compensation in court when the following cumulative requirements are met:
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- The third party’s suffering is particularly intense and serious, exceeding mere natural pain or sadness;
- There is a very close emotional or family relationship with the direct victim;
- The damage suffered is an immediate and direct consequence of the harmful act;
- Recognition does not lead to double compensation for the same damage.
It is, therefore, important to analyze, on a case-by-case basis, whether, as a consequence of an accident, the facts being discussed in court will lead to the determination of compensation or, on the other hand, if the jurisprudentially determined requirements are not met, the claim made on that basis is destined to fail. For this reason, a correct analysis of the facts and proper case follow-up is essential, so that it is possible, from the outset, to determine the likelihood of success of such claims. In this context, Belzuz Advogados, S.L.P. has a team of lawyers with extensive experience in providing legal advice in claims management processes, which may be useful when exercising rights associated with the claim, regardless of the position in that legal process.