Personal Injury and Damage Ascertainment under Civil Law :: State-of-the-Art International Guidelines /: edited by Santo Davide Ferrara, Rafael Boscolo-Berto, Guido Viel.

Name: Personal Injury and Damage Ascertainment under Civil Law : State-of-the-Art International Guidelines / edited by Santo Davide Ferrara, Rafael Boscolo-Berto, Guido Viel.
ISBN: 9783319298122

Ferrara, S. D.; Boscolo-Berto, Rafael,; Viel, Guido,; SpringerLink (Online service)

doi:10.1007/978-3-319-29812-2

Personal Injury and Damage Ascertainment under Civil Law : State-of-the-Art International Guidelines / edited by Santo Davide Ferrara, Rafael Boscolo-Berto, Guido Viel.

Ferrara, S. D. (Santo Davide), editor.; Boscolo-Berto, Rafael, editor.; Viel, Guido, editor.; SpringerLink (Online service)

2016

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Title

Personal Injury and Damage Ascertainment under Civil Law : State-of-the-Art International Guidelines / edited by Santo Davide Ferrara, Rafael Boscolo-Berto, Guido Viel.

Added Author

Ferrara, S. D. (Santo Davide), editor.
Boscolo-Berto, Rafael, editor.
Viel, Guido, editor.

Added Corporate Author

SpringerLink (Online service)

Edition

1st ed. 2016.

Imprint

Cham : Springer International Publishing : Imprint: Springer, 2016.

Description

XXXVIII, 700 p. 98 illus., 34 illus. in color. online resource

Formatted Contents Note

Part 1
The Holistic and Systematic Approach in Legal Medicine
Causal Value and Causal Link
International Juridical Overview on Personal Damage Compensation
Part 2
Methods of Ascertainment of Personal Damage in Portugal
Methods of Ascertainment of Personal Damage in Spain
Methods of Ascertainment of Personal Damage in France
Methods of Ascertainment of Personal Damage in Italy
Methods of Ascertainment of Personal Damage in Belgium
Methods of Ascertainment of Personal Damage in The Netherlands
Methods of Ascertainment of Personal Damage in United Kingdom
Methods of Ascertainment of Personal Damage in Germany
Methods of Ascertainment of Personal Damage in Hungary
Methods of Ascertainment of Personal Damage in Lithuania
Methods of Ascertainment of Personal Damage in Estonia
Part 3
Methods of Ascertainment of Personal Damage in United States of America
Methods of Ascertainment of Dental Damage in Argentina
Part 4
Methods of Ascertainment of Personal Damage in Egypt
Methods of Ascertainment of Personal Damage in Nigeria
Part 5
Methods of Ascertainment of Personal Damage in Turkey
Methods of Ascertainment of Personal Damage in the Kingdom of Saudi Arabia
Methods of Ascertainment of Personal Damage in India
Methods of Ascertainment of Personal Damage in China
Methods of Ascertainment of Personal Damage in Japan
Methods of Ascertainment of Personal Damage in Australia
Part 6
International Overview on Dental Damage Compensation
International Comparative Epicrisis on the Ascertainment and Evaluation of Personal Injury and Damage
Part 7
Physical and Biomechanical Methods of Ascertainment
Detection of Malingering in Personal Injury and Damage Ascertainment
A novel methodology for the objective ascertainment of Psychological-Existential Damage
International Guidelines on the Methods of Ascertainment of Personal Injury and Damage Under Civil-Tort Law
International Guidelines on the Methods of Ascertainment of Whiplash Associated Disorders
Part 8
Requirements and Final Recommendations
Part 9
Historical Iconography on Personal Injury and Damage from the "Vincenzo Pinali" Antique Medical Library. .

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. .

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Language

English