Valutazione degli aspetti dinamico-relazionali personali del danno alla persona: proposta metodologica

The assessment of biological damage is expressed in terms of the percentage of the impairment to psychophysical integrity, including the impact on daily activities common to all individuals. Articles 138 and 139 of the private insurance code referred to in Legislative Decree No. 209 of 7 September 2005 introduce the concept of personalization as an item of damage that can be recognized by the judge, provided that there is a "fair and motivated appreciation of subjective conditions of the injured party ”, an aspect that is repeatedly reiterated and defined by the jurisprudence through some key rulings of the Civil Court of Cassation. Until now, the recognition of the personalization of the damage has been left to the judge, in the absence of a clear indication from the medico-legal assessor who, at present, provides an estimation in terms of the percentage of the impairment and, at most, a description of the subject examined, without actually defining the impact of the after-effects on the dynamic-relational activities carried out by a given individual. This work proposes an evaluation methodology based on four parameters, such as the frequency of the main dynamic-relational activity, the other dynamic-relational activities carried out by the subject, the negative impact of the impairment in the performance of the activity, and lastly the possibility of carrying out other activities within the same area. For each item considered, the evaluator is called to express a judgment in terms of absent, modest, high, and very high, based on the effect of that given impairment on each of the four aspects considered. Although in its embryonic state, the application of this methodology has the goal of achieving full compensation for the damage by offering legal practitioners objective and reproducible elements to guide the amount of compensation in the civil sphere