Personal Injury and Damage Ascertainment under Civil Law

Personal Injury and Damage Ascertainment under Civil Law
Author: Santo Davide Ferrara
Publisher: Springer
Total Pages: 709
Release: 2016-10-06
Genre: Medical
ISBN: 3319298127

This volume serves to provide an international overview of personal injury compensation in different geographical areas (15 countries already included), with a special focus on the methods used to ascertain the injury and the related damages. It also goes on to clarify the logical and methodological steps required for a sequential, in-depth ascertainment of any traumatic event and the related personal damage, both pecuniary and non-pecuniary. Personal injury is a legal term for an injury to the body, mind or emotions suffered by the plaintiff under tort and/or civil law regulations. Damages related to the injury can be pecuniary or non-pecuniary in nature. Although several comparative studies and research projects on tort and civil law and personal injury claims aimed at developing new tools for promoting harmonization of private law have been performed at an international level, heterogeneity and divergences still exist in the definition and compensation of personal injury and damage across different national legislative systems. The starting point for any awarding procedure should be a medical, or rather a medico-legal, assessment to gain evidence on the trauma or event causing the injury, the mechanism of injury, the pre-existing health status of the injured party, and the health consequences of the injury (temporary and permanent impairment, work incapacity, etc.). In order to pursue the ultimate goal of an international harmonization of personal injury compensation, it is of upmost importance to define the quality requirements for the medico-legal ascertainment methodology, which are essential for guaranteeing the objectivity, rigor, and reproducibility of the data and the evidence collection procedure. Currently, there are no supra-national medico-legal guidelines dealing with the ascertainment methodology of personal injury and damage under tort and civil law.

P5 Medicine and Justice

P5 Medicine and Justice
Author: Santo Davide Ferrara
Publisher: Springer
Total Pages: 643
Release: 2018-03-27
Genre: Medical
ISBN: 3319670921

This book describes the state of the art and future prospects of the most important bio-medicolegal subdisciplines in the post-genomic framework of personalized medicine. Focusing on the three main themes Innovation, Unitariness and Evidence, the book addresses a wide range of topics, including: Bio-Medicolegal and Criminological Sciences, Forensic Pathology and Anthropology, Clinical and Forensic Medicine in Living Persons (from Interpersonal Violence to Personal Injury and Damage, Malpractice, Personal Identification and Age Estimation), Forensic Genetics and Genomics, and Toxicology and Imaging. The unitariness of the “Bio-Medicolegal Sciences”, historically founded on the accuracy and rigor of the methods of ascertainment and criteria of evaluation, should be re-established on the basis of molecular evidence, and used to promote Personalized Justice. Taken together, the book’s conclusions and future perspectives outline a vision of transdisciplinary innovation and future evidence in the framework of personalized justice.

Personal Injury Awards in EU and EFTA Countries

Personal Injury Awards in EU and EFTA Countries
Author: David McIntosh
Publisher: Kluwer Law International B.V.
Total Pages: 666
Release: 2003-01-01
Genre: Law
ISBN: 9041120092

Following two previous reports relating to ""Personal Injury Awards in EU and EFTA Countries"" this text undertakes further research into the subject. The report provides a guide to an understanding of the personal injury awards system in both the European Union (EU) and European Free Trading Area (EFTA), and looks at the changes that have taken place since 1991. The research compares the levels of compensation awarded to individuals within the member states and sets out recommendations for future procedures.; Schedules, tables, graphs and commentary in the report demonstrate findings of each.

Guidelines for the Assessment of General Damages in Personal Injury Cases

Guidelines for the Assessment of General Damages in Personal Injury Cases
Author: Judicial College
Publisher: OUP Oxford
Total Pages: 137
Release: 2012-09-20
Genre: Law
ISBN: 0191641847

This is the standard reference work for general damages in personal injury claims, and essential reading for all those involved in the area of personal injury. The Guidelines are designed to provide a clear and logical framework for the assessment of general damages while leaving the discretion of the assessor unfettered, since every case must depend to a degree on its own facts. They provide an invaluable guide to all those involved in personal injury litigation. As with previous editions, all judges involved in hearing personal injury cases will automatically receive a copy of the book. This eleventh edition has been fully updated to take account of inflation and decisions made in the two years since the previous edition and includes a foreword written by The Right Honourable Dame Janet Smith DBE.

Guidelines for the Assessment of General Damages in Personal Injury Cases in Northern Ireland

Guidelines for the Assessment of General Damages in Personal Injury Cases in Northern Ireland
Author:
Publisher:
Total Pages: 47
Release: 1997-01
Genre: Compensation (Law)
ISBN: 9780853896708

The first edition of the Guidelines for the Assessment of General Damages in Personal Injury Cases was published for the Judicial Studies Board for England and Wales in 1992. The Judicial Studies Board for Northern Ireland felt that it would be helpful to practitioners and others concerned with the assessment of damages if a Northern Ireland edition were produced.

Review of Civil Litigation Costs

Review of Civil Litigation Costs
Author: Great Britain. Ministry of Justice
Publisher: The Stationery Office
Total Pages: 388
Release: 2010
Genre: Law
ISBN: 9780117064034

In January 2009, the then Master of the Rolls, Sir Anthony Clarke, appointed Lord Justice Jackson to lead a fundamental review of the rules and principles governing the costs of civil litigation. This report intends to establish how the costs rules operate and how they impact on the behavior of both parties and lawyers.