- You are entitled to compensation for all the direct consequences of your accident, with neither loss nor gain: this is the principle of full compensation (réparation intégrale).
- Your losses are classified into “heads of damage” (postes).
- Your loved ones can also obtain compensation for their own losses.
What does “full compensation” mean?
Under French law, the victim must be restored, as far as possible, to the position they would have been in had the accident not happened. Every consequence of the accident on your life must therefore be compensated: what you have spent, what you have lost, but also what you have endured and what you can no longer do.
Conversely, compensation cannot be used to make you richer: every sum paid to you by an insurer must correspond to a specific loss that has been substantiated and assessed.
How are losses classified?
To make sure no loss is overlooked, the courts and insurers use a reference list known as the Dintilhac nomenclature. It distinguishes between:
- financial losses (what the accident costs you) and personal losses (what the accident makes you endure);
- temporary losses, suffered up to consolidation, and permanent losses, which remain afterwards;
- the losses of the direct victim and those of their loved ones.
Consolidation is the point at which your condition stabilises and no longer changes significantly, even if after-effects remain. It is set by a doctor (not by a lawyer or a judge) during the medical examination. Your permanent losses can be assessed from that date onwards.
Which losses and expenses can you claim?
| Head of damage | What it covers in practice |
|---|---|
| Medical expenses | Consultations, hospital stays, medication, rehabilitation, medical devices… left for you to pay after reimbursement by French social security and your top-up health insurance (mutuelle), both before and after consolidation. |
| Miscellaneous expenses | Travel for your treatment, childcare costs, fees of the doctor who assists you at the medical examination… |
| Loss of income | Salary or business income lost while you were off work, and in the future if you can no longer work as you did before. |
| Third-party assistance (tierce personne) | The help you need in daily life (washing, meals, shopping, getting around), even when it is provided free of charge by a loved one. |
| Adapted housing and vehicle | Adaptation works to your home, purchase of an adapted vehicle or the extra cost of equipment. |
| Impact on your career (incidence professionnelle) | Loss of a chance of promotion, work made harder, retraining, reduced value on the job market. |
| Loss of schooling or training | A lost academic year, a change of course, schooling in a specialised establishment. |
What about your suffering and quality of life?
These losses do not show up on an invoice, but they are often the most important ones for my clients. They are compensated in the same way as financial losses.
| Head of damage | What it covers in practice |
|---|---|
| Disruption to everyday life (temporary functional impairment, déficit fonctionnel temporaire) | Hospital stays, immobilisation, being unable to live normally until consolidation. |
| Pain and suffering (souffrances endurées) | Physical and psychological pain caused by the injuries and the treatment, rated by the doctor on a scale of 1 to 7. |
| Disfigurement (préjudice esthétique) | Scars, a limp, a wheelchair, a change in your appearance, whether temporary or permanent. |
| Permanent after-effects (permanent functional impairment, déficit fonctionnel permanent) | The permanent loss of certain physical or mental capacities, expressed as a percentage, and its impact on your everyday life. |
| Loss of amenity (préjudice d’agrément) | Being unable, or finding it difficult, to take part in a sport or leisure activity you used to do before the accident. |
| Sexual damage (préjudice sexuel) | Harm to your intimate life, sexual function or ability to have children. |
| Loss of life-plan prospects (préjudice d’établissement) | The loss of a chance to start a family or to carry out a life plan. |
Can your loved ones be compensated?
Yes. A victim’s loved ones, known as “indirect victims” (victimes indirectes), can obtain compensation for their own losses.
If the victim survived
- the distress of seeing a loved one injured or disabled (emotional harm, préjudice d’affection);
- income lost in order to support or care for them;
- expenses incurred: travel to the hospital, accommodation, adaptations;
- the upheaval in their own daily life.
If the victim died
- funeral expenses;
- the loss of the income the deceased brought into the household;
- the grief caused by the death (emotional harm, préjudice d’affection);
- the suffering of having accompanied a loved one at the end of their life (préjudice d’accompagnement).
How is the amount set?
Each loss is assessed separately. Medical losses (suffering, after-effects, need for assistance…) are first described and rated by a doctor during a medical examination. They are then converted into euros, using the compensation guidelines (référentiels) applied by the courts and your supporting documents.
Future losses (income, lifelong care…) are calculated for the whole period concerned, then converted into a lump sum or an annuity.
The insurer’s offer must cover all your losses. An offer that leaves some out, or clearly undervalues them, can be challenged. Before signing, take the time to have it reviewed: see the guide how long does the insurer have to make you an offer?
What should you do now?
- Keep all your supporting documents: invoices, prescriptions, travel tickets, payslips, sick-leave certificates.
- Ask for a copy of your medical file and your hospital reports.
- Keep a notebook of your pain, your appointments and the help your loved ones give you (who, when, for how long).
- Do not sign any offer or agreement until you have taken stock of all your losses.
Have you been the victim of an accident and would like to take stock of your losses?
This guide sets out general rules. It is no substitute for an analysis of your personal situation by Maître Victoria LECLERC.