Compensation for injury
A traffic accident, assault, an accident at work …There are many chances to be the victim to cause serious injury causing damages that are seeking compensation from the person or persons responsible.
French law is based on the principle of full reparation for injury.
However, it is not always easy especially for the courts to ensure that victims obtain full compensation for all his losses.
Also taken into account, are the social agencies such as Social Security or Personal Injury Attorney, which, after having financed a portion of costs resulting from the accident victim, rightly wish to return to the person or persons responsible to obtain reimbursement.
The compensation process has recently experienced an evolution taking place now because on the basis of a list prepared by the President of the 2nd Civil Chamber of the Court of Cassation in 2005, Mr. Dintilhac, editor of a report of 28 October 2005 (Bull. Inf. C. Cass, No 633, 1st February 2006).
The injuries are now classified into two broad categories: properties damage on the one hand and non-pecuniary loss other hand.
In both categories, there are temporary losses, which suffered until the date of consolidation, when the lesions are fixed permanently and does more harm final, which will be sustained throughout the life of the victim, after the consolidation.
The distinction harm shift determines the rights to the use of social security or other social agencies who pay benefits to victims and seeking to recover from the officials or third parties.
Now, Article L 376-1 of the Social Security Code limit the right of subrogation of social security funds only allowances charged to the head of damage and repair damage resulting in a payment of benefits, excluding personal injury by help of Personal Injury Lawyer.
fall into the category of property damage costs and financial losses caused by injuries in concrete and objective. These costs must be justified by including invoices, and include:
- The costs of health expenditure medical expenses, hospitalization, rehabilitation … It may be the current costs or costs foreseeable future after the date of consolidation.
- Transportation costs, adaptation of a vehicle or home,
- The loss of occupational earnings, reduced income,
- Assistance of a third person,
- School injury loss of the current school year, need for a reorientation
- The impact professional obligation of a reclassification, loss of value on the labor market, loss of opportunity to evolve in his career, strenuous work-related because of injury, training expenses necessitated by a conversion …
The pecuniary loss are those arising from personal injuries are suffered subjectively by the victim and his staff.
It is physical and psychological consequences affect on the victim injury.
These losses have a personal use are excluded from social security.
Fall into this category:
- The functional deficit, which may be temporary or permanent: the inability diagnosed which establishes that the damage has an impact on the functions of the human body affect the physiological functions, pain, loss of quality life, trouble in the conditions of existence, the legacy …
The European Commission defines a permanent functional deficit as “the ultimate reduction of the potential physical, intellectual or psycho sensory capabilities, resulting from the impairment of integrity of the anatomy, which is medically supplemented by ‘Add the painful phenomena and psychological effects normally associated with the achievement described as the usual and objectively linked to this attack in everyday life.”
