Editors:
First guideline to standardize medico-legal methodology of personal injury/damage assessment
Guidelines are endorsed by the International Academy of Legal Medicine
Provides a truly international perspective from all continents of the methods of ascertainment of personal injury/damage
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Table of contents (34 chapters)
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Front Matter
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Juridical and Methodological Overview
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Front Matter
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Medico-Legal Ascertainment of Personal Injury and Damage Under Civil-Tort Law: Continental Overview – Europe
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Front Matter
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Medico-legal Ascertainment of Personal Injury and Damage Under Civil-Tort Law: Continental Overview – America
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Front Matter
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About this book
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.
Editors and Affiliations
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Department of Legal and Occupational Medicine, Toxicology and Public Health, University-Hospital of Padova, Padova, Italy
Santo Davide Ferrara, Rafael Boscolo-Berto, Guido Viel
About the editors
Prof. Dr. Santo Davide Ferrara, University of Padova, Institute of Legal Medicine, Padova, Italy
Bibliographic Information
Book Title: Personal Injury and Damage Ascertainment under Civil Law
Book Subtitle: State-of-the-Art International Guidelines
Editors: Santo Davide Ferrara, Rafael Boscolo-Berto, Guido Viel
DOI: https://doi.org/10.1007/978-3-319-29812-2
Publisher: Springer Cham
eBook Packages: Biomedical and Life Sciences, Biomedical and Life Sciences (R0)
Copyright Information: Springer International Publishing Switzerland 2016
Hardcover ISBN: 978-3-319-29810-8Published: 13 October 2016
Softcover ISBN: 978-3-319-80659-4Published: 16 June 2018
eBook ISBN: 978-3-319-29812-2Published: 06 October 2016
Edition Number: 1
Number of Pages: XXXVIII, 700
Number of Illustrations: 64 b/w illustrations, 34 illustrations in colour
Topics: Forensic Science, Forensic Medicine, Civil Law