Udmåling af erstatning ved personskade og tab af forsørger - Krim

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Of course, harmonisation of the bases of liability is not
enough. Especially over the last ten years there have been de-
velopments suited to bringing closer together the compensation
standards of Western European countries. Thus, for example,
the Committee of Ministers of the Council of Europe worked out
in March 1975 "Principles related to compensation for damage
in the case of physical injury and death" and wrote "that it
is desirable to reduce existing divergencies between the laws
and practices of member states in this field..."
Moreover, the courts of those countries in Southern Europe,
whose compensation standard used to be by far the lowest, show
an increased tendency to bring their awards up to the European
mean.
Another important factor that has brought changes towards
approximation of compensation amounts is, in my opinion,
inflat ion, namely pr ice and woge inflation since both have an
immediate effect on
a) the amount
b) the form of the compensation award.
Not only the amount of loss of earnings or loss of support but
also medical, hospital and funeral expenses, nursing fees,
cost of transport and extra domestic help, expenses for cures,
professional rehabilitation, retraining, lawyer's fees, etc.
depend on the development of wages. On the basis of special
studies on this subject carried out by the Swiss Reinsurance
Company in France, Germany, Italy and Switzerland, we may
assume that some 80% of damages paid by insurers in liability
cases involving serious bodily injury or death represent
losses and expenses which would increase at lecist in line with
the wago index, or even more sharply as in the case of
medical, hospital and rehabilitation expenses as well as
nursing fees.