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- Title
A novel methodology for the objective ascertainment of psychic and existential damage.
- Authors
Ferrara, Santo; Ananian, Viviana; Baccino, Eric; Boscolo-Berto, Rafael; Domenici, Ranieri; Hernàndez-Cueto, Claudio; Mendelson, George; Norelli, Gian; Ranavaya, Mohammed; Terranova, Claudio; Vieira, Duarte; Viel, Guido; Villanueva, Enrique; Zoia, Riccardo; Sartori, Giuseppe
- 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.
- Subjects
TORT theory; LEGAL research; LAW firms; PRACTICE of law; LAW partnership
- Publication
International Journal of Legal Medicine, 2016, Vol 130, Issue 5, p1387
- ISSN
0937-9827
- Publication type
Article
- DOI
10.1007/s00414-016-1366-8