| Literature DB >> 27147416 |
Santo Davide Ferrara1, Viviana Ananian2, Eric Baccino3, Rafael Boscolo-Berto2, Ranieri Domenici4, Claudio Hernàndez-Cueto5, George Mendelson6, Gian Aristide Norelli7, Mohammed Ranavaya8, Claudio Terranova2, Duarte Nuno Vieira9, Guido Viel2, Enrique Villanueva10, Riccardo Zoia11, Giuseppe Sartori12.
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.Entities:
Keywords: Malingering; Methods of ascertainment; Personal damage; Psycho-existential damage
Mesh:
Year: 2016 PMID: 27147416 DOI: 10.1007/s00414-016-1366-8
Source DB: PubMed Journal: Int J Legal Med ISSN: 0937-9827 Impact factor: 2.686