Personal Injury and Damage Ascertainment under Civil Law

Viac o knihe

This volume provides an international overview of personal injury compensation across 15 countries, focusing on methods for assessing injuries and related damages. It clarifies the logical and methodological steps necessary for a thorough evaluation of traumatic events and the resulting personal damages, both pecuniary and non-pecuniary. Personal injury refers to harm to the body, mind, or emotions sustained by the plaintiff under tort and civil law. While numerous comparative studies have aimed to harmonize private law regarding personal injury claims, significant differences remain in definitions and compensation across various national legal systems. A medical or medico-legal assessment is crucial for establishing evidence related to the injury, including its cause, the injured party's pre-existing health status, and the health consequences, such as temporary or permanent impairment. To achieve international harmonization in personal injury compensation, it is essential to define quality requirements for the medico-legal ascertainment methodology, ensuring objectivity, rigor, and reproducibility in data collection. Currently, there are no supra-national medico-legal guidelines addressing the methodology for assessing personal injury and damages in tort and civil law.