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Online ISSN 1827-1677
Scurria S., Gualniera P.
Sezione di Medicina Legale e delle Assicurazioni, Università degli Studi di Messina, Messina, Italy
The authors deal the issue of biological damage arising from illegal event and that is materialized to the de cuius before death, then transmitted to heirs, analyzing the refundability and criteria that should guide the evaluation. In this context, they preliminary proceeding to examination of doctrinal theories that over the years have “reconstructed” the physiognomy of the damage — not covered by any available legislation — and the case law that have otherwise implemented these guidelines. Especially they are rated the most recent rulings on the subject, which are pronounced about the quantification of the chronological interval that should elapse between health injury and the death, about the ineligibility of thanatology’s biological damage and compensating of the relative moral damage. The authors also highlight that the assessment of damage must be preceded by verification of the adequacy of the chronological interval and must be made by forensic that has to evaluate qualitatively and quantitatively the injury actually occurred. Consequently, the criteria according to the case law that must conduct the assessment of biological damage iure haereditatis if death depends on detrimental or whether the same is not dependent on event are analyzed. Finally, a comparison between these two cases useful to highlight the evaluative difficulties.