Tort damages for non-economic losses: methodological approaches for comparative analysis served by new technologies

This chapter explores the potentialities of new technologies in investigating non-pecuniary losses compensation and in the pursuit of horizontal and vertical equality, opening new paths in comparative analysis. Authors suggest a new approach to provide case-law analysis on personal injury compensation using Machine Learning techniques. This method applying analytics to massive amounts of case-law allows the identification of variables, bias, and trends for each head of damage also in terms of meta-legal formants. The proposed approach enables the identification of factors impacting on both liability and quantum of damages addressing new challenges for fundamental rights protection analysis.