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
A novel methodology for the objective ascertainment of psychic and existential damage / S. Ferrara, V. Ananian, E. Baccino, R. Boscolo Berto, R. Domenici, C. Claudio Hernàndez Cueto, G. Mendelson, G. Norelli, M. Ranavaya, C. Terranova, D. Vieira, G. Viel, E. Villanueva, R. Zoia, G. Sartori. - In: INTERNATIONAL JOURNAL OF LEGAL MEDICINE. - ISSN 1437-1596. - (2016 May), pp. 1387-1399. [10.1007/s00414-016-1366-8]
A novel methodology for the objective ascertainment of psychic and existential damage
R. Zoia;
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 damageFile | Dimensione | Formato | |
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