Heads of damages recoverable by an accident victim
What categories of damages may an accident victim and their relatives recover?
Under French personal injury law, the principle of full compensation applies: accident victims are entitled to compensation for all consequences of the accident upon their lives. The purpose of compensation is to restore the victim, as far as possible, to the position they would have been in had the accident not occurred. Examples of compensable heads of damage include:
Reimbursement of medical expenses not covered by social security
Compensation for the assistance of a third party (whether a family member or professional caregiver)
Costs of adapting the victim's home
Costs of adapting the victim's vehicle
Loss of professional income
Educational loss (interruption or delay in studies, change of academic course, requirement to attend a specialised institution)
Professional impact (reduced employability, increased difficulty in accessing employment, obligation to retrain, etc.)
Loss of social and family life
Physical and psychological suffering
Alteration of physical appearance
Difficulty or inability to maintain a sexual life
Loss of opportunity to fulfil family plans (marriage, having children)
Difficulty or inability to participate in sports or leisure activities
Anxiety regarding the future, particularly linked to the risk of deterioration of the medical condition
Relatives of accident victims, who are themselves often profoundly affected, may also be entitled to compensation for their own losses, such as:
Loss of professional income
Transportation and repatriation expenses related to the victim
Costs of adapting the home or vehicle to accommodate the victim
Moral damages suffered from witnessing the victim's suffering
Disruption to personal and family life (e.g. rearranging schedules to visit the victim, accompanying them to medical appointments, renouncing leisure activities in order to provide care)
In the event of the victim's death, reimbursement of funeral expenses
Moral damages linked to end-of-life care
As the consequences of an accident differ for each victim and their family, it is strongly recommended to consult a lawyer promptly in order to obtain a comprehensive assessment of the damages.
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