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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 thebody, mind or emotions suffered by the plaintiff under tort and/or civil lawregulations. Damages related to the injury can be pecuniary or non-pecuniary innature. Although several comparative studies and research projects on tort andcivil law and personal injury claims aimed at developing new tools forpromoting harmonization of private law have been performed at an internationallevel, heterogeneity and divergences still exist in the definition andcompensation of personal injury and damage across different national legislativesystems. The starting point for any awarding procedure should be a medical, or rather amedico-legal, assessment to gain evidence on the trauma or event causing theinjury, the mechanism of injury, the pre-existing health status of the injuredparty, and the health consequences of the injury (temporary and permanentimpairment, work incapacity, etc.). In order to pursue the ultimate goal of aninternational harmonization of personal injury compensation, it is of upmostimportance to define the quality requirements for the medico-legalascertainment methodology, which are essential for guaranteeing theobjectivity, rigor, and reproducibility of the data and the evidence collectionprocedure. Currently, there are no supra-national medico-legal guidelines dealingwith the ascertainment methodology of personal injury and damage under tort andcivil law.
List of contents
Part 1.- The Holistic and Systematic Approachin Legal Medicine.- Causal Value and Causal Link.- International JuridicalOverview on Personal Damage Compensation.- Part 2.- Methods of Ascertainment ofPersonal Damage in Portugal.- Methods of Ascertainment of Personal Damage in Spain.-Methods of Ascertainment of Personal Damage in France.- Methods ofAscertainment of Personal Damage in Italy.- Methods of Ascertainment ofPersonal Damage in Belgium.- Methods of Ascertainment of Personal Damage in TheNetherlands.- Methods of Ascertainment of Personal Damage in UnitedKingdom.- Methods of Ascertainment of Personal Damage in Germany.-Methods of Ascertainment of Personal Damage in Hungary.- Methods ofAscertainment of Personal Damage in Lithuania.- Methods of Ascertainmentof Personal Damage in Estonia.- Part 3.- Methods ofAscertainment of Personal Damage in United States of America.- Methodsof Ascertainment of Dental Damage in Argentina.- Part 4.- Methods ofAscertainment of Personal Damage in Egypt.- Methods of Ascertainment ofPersonal Damage in Nigeria.- Part 5.- Methods of Ascertainment of Personal Damagein Turkey.-Methods of Ascertainment of Personal Damage in the Kingdom of Saudi Arabia.-Methods of Ascertainment of Personal Damage in India.- Methods ofAscertainment of Personal Damage in China.- Methods of Ascertainment ofPersonal Damage in Japan.- Methods of Ascertainment of Personal Damage in Australia.-Part 6.- International Overview on Dental Damage Compensation.- InternationalComparative Epicrisis on the Ascertainment and Evaluation of Personal Injuryand Damage.- Part 7.- Physical and Biomechanical Methods of Ascertainment.- Detectionof Malingering in Personal Injury and Damage Ascertainment.- A novelmethodology for the objective ascertainment of Psychological-Existential Damage.- International Guidelines on the Methodsof Ascertainment of Personal Injury and Damage Under Civil-Tort Law.- InternationalGuidelines on the Methods of Ascertainment of Whiplash Associated Disorders.-Part 8.- Requirements and Final Recommendations.- Part 9.- HistoricalIconography on Personal Injury and Damage from the "Vincenzo Pinali" AntiqueMedical Library.
About the author
Prof. Dr.
Santo Davide Ferrara, University of Padova, Institute of Legal Medicine,
Padova, Italy
Summary
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.
