Personal Injury and Damage Ascertainment Under Civil Law: State-Of-The-Art International Guidelines: 2016

Author: Santo Davide Ferrara,Rafael Boscolo-Berto,Guido Viel
Publisher: Springer International Publishing AG
Category: Civil Codes / Civil Law, Private / Civil Law: General Works, Forensic Medicine
Book Format: Hardcover

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.


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


Table Of Contents
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.
About Santo Davide Ferrara
Prof. Dr.
Santo Davide Ferrara, University of Padova, Institute of Legal Medicine,
Padova, Italy

(BK-9783319298108)

SKU BK-9783319298108
Barcode # 9783319298108
Brand Springer International Publishing AG
Artist / Author Santo Davide Ferrara, Rafael Boscolo-Berto, Guido Viel
Shipping Weight 1.2900kg
Shipping Width 0.160m
Shipping Height 0.040m
Shipping Length 0.240m
Assembled Length 23.500m
Assembled Height 4.000m
Assembled Width 15.500m
Type Hardcover

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