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Personal Injury and Damage Ascertainment under Civil Law - State-of-the-Art International Guidelines (Paperback, Softcover reprint of the original 1st ed. 2016)
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Personal Injury and Damage Ascertainment under Civil Law - State-of-the-Art International Guidelines (Paperback, Softcover reprint of the original 1st ed. 2016)
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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 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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