PERSONAL INJURY: WHAT ABOUT NON-MATERIAL DAMAGE?

Non-patrimonial damage

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Non-patrimonial damages are assessed according to the items defined by the nomenclature DINTILHAC. They characterise the personal impact of the accident on the victim.

In addition to the financial consequences, classified in the category of economic loss, the DINTILHAC nomenclature defines loss corresponding to damage to the personal sphere.

Non-patrimonial losses are divided into two categories of items:

-. Before consolidation (temporary)

-. After consolidation (permanent)

I.- Temporary non-material losses

These are physical injuries suffered prior to consolidation. The medical expert assesses them according to the definition in the nomenclature.

A.- Temporary Functional Impairment (TFI)

This item is designed to compensate you for the disability you experience in your personal life until consolidation:

-. Difficulty performing everyday tasks

-. Inability to enjoy leisure activities

-. Reorganisation of daily life

This is a temporary loss. If the discomfort persists after consolidation, it will be compensated under another head of loss (permanent functional deficit or loss of enjoyment, for example).

This item is divided into two main categories:

-. Temporary total disability (complete incapacity during the period of hospitalisation)

-. Temporary partial disability, divided into 4 sub-categories (classes 1 to 4) according to the degree of disability

The medical expert determines the period of disability and the degree of discomfort. There are often several successive periods of temporary total or partial discomfort.

B.- Endured suffering (SE)

This item covers all the physical and mental suffering you experience up to the date of consolidation.

This is a temporary loss. If the suffering continues beyond the date of consolidation, it is compensated under another head of loss (mainly permanent functional impairment).

It is the medical expert who determines the degree of suffering endured, on a scale of 0 (no loss) to 7 (very significant damage) on the basis of an indicative assessment grid.

C.- Temporary cosmetic damage (PET)

This item covers serious damage to your physical appearance during the convalescence period. These are temporary problems that have harmful personal consequences, such as :

-. Changes to the appearance of the face

-. Lameness

-. Moving around in a wheelchair

Only significant alterations are therefore taken into account in determining the existence of this damage. It is the medical expert who assesses the duration and degree of temporary cosmetic damage, on a scale of 0 (no loss) to 7 (very significant loss).

This mainly concerns victims with severe disabilities. When these injuries persist after consolidation, they are compensated under another head of loss (the permanent cosmetic damage).

II - Permanent non-material damage

This refers to damage to the personal sphere that continues after consolidation. The existence and extent of the damage are assessed by the medical expert.

A.- Permanent functional impairment (DFP)

This involves compensating you for your permanent disability. Several criteria are taken into account.

-. Physiological damage

-. Permanent pain

-. Loss of quality of life

-. Problems with living conditions

The aim is to compensate for the consequences of the physical and psychological injury in the exclusively personal sphere. Professional repercussions are covered under other headings (loss of future professional earnings and professional impact).

Once consolidation has been achieved, the medical expert assesses the degree of physical and mental impairment (AIPP). This is based on a reference scale ranging from 0 (no loss of capacity) to 100% (total loss of capacity).

The expert will carry out a meticulous medical examination during which he will take measurements, listen to your complaints and ask you to carry out tests. Don't hesitate to describe the problems and pain you experience on a daily basis, so that he can assess your injury as accurately as possible. In some cases, he may seek the opinion of a specialist (neurologist, stomatologist, orthopaedist, etc.) to refine his assessment.

B.- Loss of amenity (PA)

This item covers the impact of permanent disability on your leisure activities. Only permanent consequences are compensated.

-. Inability to resume activity at the previous level or pace

-. Giving up a regularly practised sport

-. Any consequences on the practice of leisure activities

When leisure activities are temporarily interrupted, the injury is covered under the heading of temporary functional impairment. It is therefore the medical expert who validates the existence of the injury on the basis of documentary evidence of regular practice of the activity prior to the accident.

-. Testimonials

-. Sports licence

-. Competition ranking.

C.- Permanent cosmetic damage (PEP)

This refers to damage to your physical appearance that persists after consolidation. This item covers both minor damage (scarring, visible bone callus, etc.) and major damage (amputation of a limb, use of a wheelchair, etc.).

Where these were present prior to consolidation, they may also be compensated as temporary cosmetic damage. It is the medical expert who determines the degree of permanent cosmetic damage, on a scale of 0 (no loss) to 7 (very significant loss). 

It therefore determines the extent of the impairment according to objective criteria:

-. Size

-. Quality

-. Visibility.

It then adjusts its assessment to take account of the victim's particular situation:

-. Age

-. Gender

-. Site of injury

-. Exposure to the gaze of others

Thus, it is exclusively a question of assessing the impact of the alteration of physical appearance on personal life. The professional repercussions are taken into account under other headings (loss of professional earnings and/or professional impact).

D.- Sexual harm (PS)

This item covers all forms of harm to sexual life, both in terms of :

-. Organic (morphological damage)

-. Physical (loss of libido, inability to perform the sexual act...)

-. Reproduction (inability to procreate)

These are significant consequences that persist after consolidation. Transient or temporary problems may be compensated under other headings (temporary functional deficit, for example). It is the medical expert who determines the nature and extent of the injury.

E.- Establishment damage (PE)

This is the loss of chance or hope of realising your family project because of the extent of the disability.

-. Getting married

-. Starting a family

-. Bringing up your children

This category of loss is awarded in very specific cases. In most cases, the victims are young people who have suffered such an upheaval in their life plans that they have had to give up certain aspects of their family.

The assessment is therefore made on a case-by-case basis according to the conclusions of the medical expert.

F.- Exceptional permanent damage (PPE)

This item is reserved for very exceptional cases where a consequence of the disability is so atypical that it cannot be compensated in any other way. In reality, it is very rarely, if ever, examined.

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