Summary
| Section 📑 | Description |
|---|---|
| 📊 Initial Statistics | In 2017, 126,460 compensation claims were processed, totaling 557.4 million euros, with 403.5 million specifically for victims of attacks. |
| 🛡️ Available Support | The Guarantee Funds offer compensation to victims of terrorist acts, common law offenses, and uninsured road accidents. The FGTI and the FGAO are the main organizations involved. |
| 👥 Eligibility | Any victim on French territory can be compensated, regardless of nationality. For attacks abroad, only French victims are eligible, along with their heirs. |
| 📝 Application Process | Victims must contact the FGTI or be notified by the competent authorities to initiate the compensation process. A period of 10 years after the attack is available to submit a claim. |
| 🚑 Types of Compensation | The FGTI covers bodily harm, moral and psychological damages, as well as economic losses due to disability or job loss. |
| 🩺 Compensation Process | Compensation depends on the nature of the injuries. It can include initial provisions, evaluations by medical experts, and adjustments based on the victim’s final health status. |
| ⏳ Compensation Deadlines | An initial advance is paid within the month following the claim. The full offer is presented within three months after receipt of all documents. |
In 2017, 126,460 compensation requests were handled by the guarantee fund. The total of these requests amounts to a total of 557.4 million euros. The victim compensation fund paid out up to 403.5 million euros. We will see how bodily injury compensation for victims works.
What existing support is available for victim compensation?
Compensation is a fundamental right, and the mission of the guarantee funds is to compensate every victim under the best possible conditions.
The guarantee fund is a Public Service compensating victims:
- of terrorism acts;
- of common law offenses (assaults, sexual assaults, fraud, etc.);
- of traffic accidents caused by uninsured or unknown drivers.
The Guarantee Fund operates under the supervision of the Ministry of Finance, in the context of national solidarity. This guarantee fund consists of two parts: one for victims of attacks or terrorism acts, which is the Fund for Guaranteeing Victims of Acts of Terrorism and Other Offenses (FGTI).
It is a private legal entity through which victims can assert their rights to reparations through compensation for bodily and psychological damages they have suffered. The second fund is the FGAO: Guarantee Fund for Compulsory Damage Insurance, created in 1951.
These two funds form a single public service instrument helping victims, mainly financed by contributions and premiums collected from property insurance contracts of many individuals and contributions from insurance companies.
The FGTI: Guarantee Fund for Victims of Terrorism and Other Offenses, has been providing compensation for victims of terrorism since 1986.
Who can be compensated by the FGTI?
If the attack occurs on national territory, any victim can be compensated, regardless of nationality. If it occurs abroad, only victims of French nationality can receive compensation.
In case of the death of a victim:
- Of French nationality, their heirs can be compensated, regardless of their nationality.
- Foreign, their heirs of French nationality can be compensated.
The heirs of deceased victims are children, parents, grandparents, grandchildren, brothers, and sisters.
What steps should be taken to receive compensation?
For an attack in France, the Public Prosecutor of the Republic immediately notifies the Guarantee Fund. For an attack abroad, the diplomatic or consular authority informs the Guarantee Fund of the occurrence of an attack and the identity of the victims. In this case, the Guarantee Fund contacts you directly to compensate you.
In both cases, the Guarantee Fund immediately opens a file for each victim and directly contacts them or their family for compensation purposes. If you believe you are a victim of a terrorist act, you can contact the Fund directly for a compensation request.
You have a 10-year period from the date of the terrorism act to submit a claim to the FGTI.
What does the FGTI compensate for?
The Guarantee Fund offers bodily injury compensation for many types of damages:
- Injured victims are of course entitled to full compensation for their bodily damages.
- The moral harm to the victim themselves. As well as to their loved ones and heirs, especially if the victim is deceased.
- It also includes an “exceptional psychological harm specific to terrorism victims” (PESVT).
- An economic damage may result from job loss, or the need to adapt a residence due to disability…
The FGTI assesses this type of damage, which can sometimes be difficult to evaluate, and offers compensation.
In the event of the victim’s death, the FGTI covers funeral expenses and possibly repatriation costs of the body. Repatriation is applicable when the person was abroad.
The Fund takes into account benefits paid by social organizations, whether public or private. Property damages are not covered by the FGTI.
There is no official “scale” that would impose a fixed amount for a specific damage without room for discretion.
For deceased victims, the amount of compensation may vary depending on the number of close relatives, their kinship, and especially if an economic loss related to the death persists.
For injured victims, the amount of the award may be increased depending on the young age of some victims, and whether or not there is an economic damage to repair.
In the most severe cases, the fund considers the need for human assistance or housing modifications.
How does the bodily injury compensation process work?
It all depends on the nature of the injury to the victim.
In case of injuries with full recovery and no sequelae
Bodily injury compensation is based on transmitted medical certificates, expense receipts remaining the victim’s responsibility, and lost income, after deducting social organization claims.
In case of injuries with sequelae
The FGTI pays one or more provisional indemnities. It requests its medical advisor to examine the victim, who can be assisted by the doctor of their choice.
Once their health is stabilized, the victim receives a detailed statement of the proposed indemnity after reviewing the medical report prepared by the medical advisor, after deducting social organization claims.
In case of death
The indemnity offer is addressed to the heirs. It includes compensation for moral damages, funeral expenses, remaining costs paid by the heirs, and economic damages, after deducting social organization claims.
The victims or their heirs can accept, discuss, or refuse the indemnity offer. If refused, courts determine the amount the Fund must pay.
What are the compensation deadlines?
The Guarantee Fund pays an initial advance within the month following the request for bodily injury compensation. This initial payment is essential to cover the first expenses, whether medical costs or funeral expenses.
Then, the fund formally proposes a total compensation amount, no later than three months after submission of the complete file with its supporting documents.
Once the file is received, victims have a fifteen-day period to consider. If they accept, the payment is nearly immediate. If they refuse, the case is brought before the courts to resolve the dispute.
Conclusion
Bodily injury compensation for terrorism victims is essential for their physical and psychological recovery. By following the necessary steps and understanding their rights, victims can obtain fair and adequate compensation.
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