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  Type of injury:

Assessment and compensation of injuries:

The medical scales
The different components of a claim
Their compensation
Assistance by a specialized doctor and lawyer
VanTeslaar law offices
Fees

  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

Traditional items Dintilhac items

Temporary damage (before consolidation)

Medical and hospital costs Current health expenses
Hindrance in daily activities, temporary loss of amenity Temporary functional impairment
Total temporary incapacity – also sometimes defined as total incapacity to work [hence a certain confusion] Loss of actual professional income
Partial temporary incapacity Loss of actual professional income
Pain and suffering Pain and suffering
-
Temporary cosmetic damage
Permanent damage (after consolidation)
Permanent partial incapacity Permanent functional deficit
Impairment of earning capacity Loss of future professional income, professional repercussions
Impact on schooling Impact on school or university studies, or training
Cosmetic injury Permanent cosmetic injury
Loss of amenity Loss of amenity
Sexual impairment Sexual impairment
Loss of the possibility of a family life Loss of the possibility of a family life
Third party Assistance by third party
House and car expense Adapted housing and car expenses
-
Exceptional permanent injuries
-
Evolving injury
Moral harm Support and care
Bereavement
Loss of revenue of close relatives Loss of revenue of close relatives

+A few comments on the different components

Medical and hospital expenses (Frais médicaux et hospitaliers) / Current medical expenses (Dépense de santé actuelles).
These expenses are generally paid upfront by the French medicare system and, if applicable, by the victim’s own mutual insurance company. In the Dintilhac list they are defined as “actual” since they are generally already paid when the claim is lodged, and can be precisely calculated.

Temporary functional impairment / Déficit fonctionnel temporaire
Temporary functional impairment ensures compensation, when applicable, even if the victim was not working at the time of the accident.

Total temporary incapacity (Incapacité temporaire totale) / Partial temporary incapacity (Incapacité temporaire partielle) / Permanent functional deficit (Déficit fonctionnel permanent)
The degree of impairment is expressed as a percentage (from 0 to 100%).

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)
The goal of this component is to compensate both the previous ‘total temporary impairment’ and ‘partial temporary impairment’ exclusively on the basis of income lost until the time of consolidation.

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)
A scale ranging from 0 to 7 is used to indicate the severity of the damage incurred by the victim.

0/7 : no suffering
1/7 : very light
2/7 : light
3/7 : moderate
4/7 : medium
5/7 : fairly severe
6/7 : severe
7/7 : very severe

Loss of future professional income (Perte de gains professionnels futurs) / Professional repercussions (Incidence professionnelle)
Future economic loss is compensated under the heading of “loss of future professional income”. Other repercussions on professional life – such as depreciation on the labour market, increased difficulty in accomplishing tasks at work, change of profession, cost of retraining - are compensated as “professional repercussions”

Loss of the possibility of a family life (Préjudice d'établissement) / Sexual impairment (préjudice sexuel)
The loss of the possibility of a family life means the inability to marry, have children, a normal family life and so on. This should be distinguished from sexual impairment, which concerns the morphological damage to sexual organs, as well as the loss of pleasure during sexual intercourse (loss of sex drive, inability to feel pleasure…)

Moral harm (Préjudice moral) / Support and care (préjudice d'accompagnement) / Bereavement (préjudice d'affection)
These items concern the impact of the victim’s death on relatives. To the standard ‘moral harm’ item, is added “support and care”, which corresponds to the harm suffered by the victim’s next-of-kin during the illness up to the time of death, and “bereavement” which compensates the psychological repercussions of the death on the victim’s relatives.

Loss of next-of-kin’s income (Perte de revenus des proches)
The disability or death of the victim can result in a reduction in the income of the spouse or partner and any children under 18. Damages can be awarded under the “loss of income for next-of-kin” heading to compensate for this situation.

 

Sebastian van Teslaar
Avocat
32, rue Le Peletier
75009 PARIS
Tel : +33.-1.44.90.02.22
Fax : +33.-1.77.74.68.88

Medical malpractice or physical injury
Traffic accident
Accident in the workplace
Work-related illness
Victims of violence: normal criminal proceedings and the ‘CIVI’
Victims of asbestos
Other cases and accidents

The medical scales
The different components of a claim
Their compensation
Assistance by a specialized doctor and lawyer
VanTeslaar law offices
Fees