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A novel methodology for the objective ascertainment of psychic and existential damage.

Authors :
Ferrara SD
Ananian V
Baccino E
Boscolo-Berto R
Domenici R
Hernàndez-Cueto C
Mendelson G
Norelli GA
Ranavaya M
Terranova C
Vieira DN
Viel G
Villanueva E
Zoia R
Sartori G
Source :
International journal of legal medicine [Int J Legal Med] 2016 Sep; Vol. 130 (5), pp. 1387-99. Date of Electronic Publication: 2016 May 04.
Publication Year :
2016

Abstract

Personal injury is a legal term for a physical or psychic injury suffered by the plaintiff under civil and/or tort law. With reference to non-pecuniary damages, the evidence itself of physical and/or psychic injury is not sufficient for damage compensation. The process of ascertaining impairments and/or disabilities which pertain to the "personal sphere" of the individual, such as pain and suffering, loss of amenity, and/or psycho-existential damage, poses particular difficulties in relation to the obtainment of scientific evidence. The "immateriality" and the subjective connotation of the personal sphere are, in themselves, critical issues. The clinical data obtained from the neuropsychological ascertainment find their essential prerequisite in the active participation of the examinee who, in legally relevant contexts (criminal law, civil law, insurance), may be "affected" by personal interests. The present manuscript presents a novel interdisciplinary methodology, experimented on a series of judicial and extra-judicial cases, aimed at the attainment of objectivity and accuracy eligible in relation to the judicial settlement of cases and other matters involving the ascertainment of peculiar aspects of non-pecuniary damage.

Details

Language :
English
ISSN :
1437-1596
Volume :
130
Issue :
5
Database :
MEDLINE
Journal :
International journal of legal medicine
Publication Type :
Academic Journal
Accession number :
27147416
Full Text :
https://doi.org/10.1007/s00414-016-1366-8