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The psychological damage

(By Letizia Cingolani) Many years have passed since psychological damage was considered a strange compensation’s request for moral, psychological or existential damages incurred in relation to a particular event. The concept of non-pecuniary damage provides the possibility of a “damage caused by the infringement of interests inherent in the person not characterized by economic importance”. Therefore if the person has suffered  psychological, existential or moral damage in relation to a specific event, you will be entitled to claim compensation. The important thing is that the event in question, almost always traumatic, has caused a change in the pejorative sense of the previous balance of the body, the psyche or the existence of the person.

Psychological damage differs from real psychological disease when an event causes an impairment of the psycho-physical health. For example, if a victim of stalking is in a state of suffering for the wrong suffered is entitled to ask for moral damages. If the victim starts to not sleep at night, to have panic attacks and not to leave the house fearing his persecutor, he/she suffers a psychological damage.

The most important thing is to demonstrate the link between cause and effect, so that everyone who believes to have suffered damage could always attach a medical and/or psychological documentation regarding the reported symptoms. The psychological and expert opinions are very important too, especially if substantiated by the administration of tests. More documented is the damage, and more likely will be the possibility of compensation.

If all of this will not give us the peace of mind, in whole or in part, it may at least give us the sense of having a constitutional system behind us. Even with all its limitations the State is willing to recognize the right to health not only as the absence of illness, but as a state of complete physical, mental and social health.

Simone Venturini


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