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Type of injury:
Assessment and compensation of injuries:
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CONSOLIDATION - DIFFERENT COMPONENTS OF THE DAMAGES
One important concept to grasp when dealing with physical injury claims is the notion of ‘consolidation’. A person is deemed to be consolidated when the injury has stabilized and is not expected to either improve or deteriorate thereafter. Consolidation can occur within days, months or even years; sometimes however the victim cannot be consolidated (i.e. in the case of incurable cancer).. The victim will be compensated according to his ‘permanent’ injuries such as they can be assessed after consolidation. These are different from temporary injuries. The underlying idea is that any two people with exactly the same initial injury may heal differently. For example one person with a broken arm may heal swiftly with no complications, whilst another with a similar injury may suffer a number of complications during the healing process, requiring additional surgical interventions, and may never recover full use of the limb. The different components of the damages are categorized either according to a traditional listing, or a more recent listing entitled ‘Dintilhac’ after the magistrate who presided over the commission that submitted a report in October 2005 to the Minister of Justice. Click here to read the Dintilhac report. The Dintilhac list is not mandatory and is not applied by all courts, although under proposed draft legislation this list would be obligatory for physical damage claims. For example, the administrative courts have a tendency to allot an overall award comprising the different components, although this situation will probably change over time. +Spreadsheet reconciling the traditional itemization with the Dintilhac listing
+A few comments on the different componentsMedical and hospital expenses (Frais médicaux et hospitaliers) / Current medical expenses (Dépense de santé actuelles). Temporary functional impairment / Déficit fonctionnel temporaire
Total temporary incapacity (Incapacité temporaire totale) / Partial temporary incapacity (Incapacité temporaire partielle) / Permanent functional deficit (Déficit fonctionnel permanent) Like permanent partial impairment, permanent functional deficit covers physical impairment, permanent pain and suffering and hindrance in day-to-day activities. Loss of actual professional income (Perte de gains professionnels actuels) Here again the term “actual” is used because the loss of income has accrued and can be precisely calculated at the time of the claim. Pain and suffering (souffrances endurées) / Aesthetic damages (préjudice esthétique) 0/7 : no suffering Loss of future professional income (Perte de gains professionnels futurs) / Professional repercussions (Incidence professionnelle) Loss of the possibility of a family life (Préjudice d'établissement) / Sexual impairment (préjudice sexuel) Moral harm (Préjudice moral) / Support and care (préjudice d'accompagnement) / Bereavement (préjudice d'affection) Loss of next-of-kin’s income (Perte de revenus des proches) | ||||||||||||||||||||||||||||||||||||||||||||||||
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