Mental pain due to disfigurement of the body

Authors

  • Gavrilo Šćepanović Prim. dr, court expert, Belgrade

Abstract

The term of disfigurement includes changes to the visible parts of the body or other changes that have occurred as a result of injury, which to the injured party and to the environment cause inconvenience and discomfort.
In addition, a sense of disfigurement at the injured person causes a feeling of lower velue due to the compared to people who do not have this disadvantage, where the subjective feeling should be assessed in a reasonable extent. Legal determination of this type of non-material damage indicates that only disfigurement of the appearance or harmony of the body, i.e. function of the body des not give basis for an award of fair many compensation, but mental pains that injured party suffers due to the changed appearance, perceptibility, scope etc.
Disfigurement could be defined as a disruption of the previous external appearance or bodily harmony or body parts of the damaged person / or as disruption of some visible body function. The expertise of this type of non-material damage should be done on two levels. The first level refers to the statement that disfigurement exists, determining its location and giving a description of changes in the body. The second level includes the assessment of psychological consequences of current disfigurement, taking into account the set of individual characteristics, such as: age, sex, marital status, possible reaction of the environment on the change of the body, with special attention to the personality of the damaged person, within the experience of disfigurement.

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Published

2023-09-23