Personal Injury and Damage Ascertainment under Civil Law: State-of-the-Art International Guidelines

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Santo Davide Ferrara Rafael Boscolo-Berto

Personal Injury and Damage Ascertainment under Civil Law

State-of-the-Art International Guidelines

Santo Davide Ferrara, Rafael Boscolo-Berto, Guido Viel

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English

Springer International Publishing AG
16 June 2018

Forensic science; Civil codes & Civil law; Private & Civil law: general works; Forensic medicine

This volume serves to provide an international overview of personal injury compensation in different geographical areas (15 countries already included), with a special focus on the methods used to ascertain the injury and the related damages. It also goes on to clarify the logical and methodological steps required for a sequential, in-depth ascertainment of any traumatic event and the related personal damage, both pecuniary and non-pecuniary. Personal injury is a legal term for an injury to the body, mind or emotions suffered by the plaintiff under tort and/or civil law regulations. Damages related to the injury can be pecuniary or non-pecuniary in nature. Although several comparative studies and research projects on tort and civil law and personal injury claims aimed at developing new tools for promoting harmonization of private law have been performed at an international level, heterogeneity and divergences still exist in the definition and compensation of personal injury and damage across different national legislative systems. The starting point for any awarding procedure should be a medical, or rather a medico-legal, assessment to gain evidence on the trauma or event causing the injury, the mechanism of injury, the pre-existing health status of the injured party, and the health consequences of the injury (temporary and permanent impairment, work incapacity, etc.). In order to pursue the ultimate goal of an international harmonization of personal injury compensation, it is of upmost importance to define the quality requirements for the medico-legal ascertainment methodology, which are essential for guaranteeing the objectivity, rigor, and reproducibility of the data and the evidence collection procedure. Currently, there are no supra-national medico-legal guidelines dealing with the ascertainment methodology of personal injury and damage under tort and civil law.

Edited by: Santo Davide Ferrara, Rafael Boscolo-Berto, Guido Viel
Imprint: Springer International Publishing AG
Country of Publication: Switzerland
Edition: Softcover reprint of the original 1st ed. 2016
Dimensions: Height: 235mm, Width: 155mm, Spine: 38mm
Weight: 1.116kg
ISBN: 9783319806594
ISBN 10: 3319806599
Pages: 700
Publication Date: 16 June 2018
Audience: Professional and scholarly , Undergraduate
Format: Paperback
Publisher's Status: Active

Prof. Dr. Santo Davide Ferrara, University of Padova, Institute of Legal Medicine, Padova, Italy