Indicative Compensation Scale According to Type of Damage
| Type of Damage | Description | Suggested Compensation |
|---|---|---|
| Permanent Functional Deficit (PFD) | Permanent incapacity following the accident. | Varies according to the percentage of PIM :
5% – 15% : €10,000 – €30,000 16% – 25% : €32,000 – €50,000 26% – 35% : €52,000 – €70,000 36% – 50% : €72,000 – €100,000 51% – 100% : €102,000 – €200,000 |
| Suffering Endured | Physical and moral pain during the trauma and treatment period. | Scale from 1 to 7 :
1/7 : €1,000 – €2,000 2/7 : €2,100 – €4,000 3/7 : €4,100 – €8,000 4/7 : €8,100 – €16,000 5/7 : €16,100 – €30,000 6/7 : €30,100 – €45,000 7/7 : €45,100 – €60,000 |
| Permanent Aesthetic Damage (PAD) | Permanent aesthetic damages due to bodily injuries. | Scale from 1 to 7 :
1/7 : €500 – €1,000 2/7 : €1,100 – €3,000 3/7 : €3,100 – €6,000 4/7 : €6,100 – €12,000 5/7 : €12,100 – €20,000 6/7 : €20,100 – €35,000 7/7 : €35,100 – €50,000 |
| Temporary Functional Deficit (TFD) | Temporary inability to lead a normal life. | Per day of incapacity :
Total : €27/day Class III (75%) : €20/day Class II (50%) : €13.50/day Class I (25%) : €6.75/day |
| Loss of Enjoyment | Inability to practice leisure or sports activities. | Varies greatly :
€2,000 – €15,000 (depends on activity and frequency practiced) |
| Sexual Damage | Impact on the victim’s sexual life. | Light to Severe :
€500 – €60,000 (depending on morphological, functional, and psychological impacts) |
| Third Party | Cost for necessary assistance due to disability. | Annual Estimate :
During illness : €15,000 – €50,000/year After consolidation : €10,000 – €100,000/year (depends on severity and ongoing needs) |
| School Damage | Impact on schooling or training due to the accident. | Loss of school year :
Primary school student : €6,000 Middle school student : €7,000 High school student : €10,000 Student : €12,000 |
Understanding the Compensation Table
When an unexpected accident occurs, causing bodily harm without involving a third party (such as a fall at home), the victim may be entitled to compensation according to the terms of their Life Accident Guarantee (GAV) contract. This compensation table is crucial for accurately assessing the damages suffered and determining the appropriate compensation amount.
How the Compensation Table Works
The compensation table serves as a reference for calculating the monetary compensations owed to victims of domestic accidents. These scales are based on various criteria such as the percentage of Permanent Partial Disability (PPD), which measures the extent of permanent scars on the victim.
Usefulness of Indicative Scales
Indicative scales are regularly updated to reflect legislative changes or developments in case law. Although they are “indicative”, they provide an essential calculation basis for harmonizing compensation practices across different jurisdictions.
Details of the Compensation Table
Calculating Compensation Based on PIM Rate
Compensation is generally calculated by multiplying the PPD percentage assigned by an expert by a monetary value set according to the victim’s age and the severity of the disability. For example, a young adult with a PPD of 15% might receive compensation based on a higher multiplier compared to an older person with the same PPD percentage.
| PPD Rate (Examples) | Damages Covered | Minimum Rate |
|---|---|---|
| Knee prosthesis | 5 % | 10 % |
| Loss of vision in one eye | 20 % | 25 % |
| Loss of the left hand (non-dominant) | 30 % | 40 % |
| Paraplegia / Tetraplegia | 60 % | 100 % |
| Rupture of the knee ligament | 5 % | 15 % |
| Acromioclavicular dislocation | 2 % | 8 % |
| Fracture of the elbow end | 10 % | 12 % |
| Fracture of the femoral head with significant stiffening | 20 % | 22 % |
| Fracture of the femoral neck | 7 % | 22 % |
Scales for Various Types of Damages
The table often includes separate sections for different types of damages such as sufferings endured, aesthetic damage, or permanent functional deficit. Each category has its own scale, specifying indicative compensation amounts for varying levels of severity.
Examples of Compensation Calculations for Life Accidents
To illustrate how compensation scales work in practice, let’s consider some hypothetical scenarios involving victims of life accidents. These examples will help clarify the process of calculating compensations based on criteria set out in the compensation tables.
Example 1: Aesthetic Damage and Sufferings Endured
Situation: Jean, 34, suffered serious burns on his arms and face following a domestic accident. The medical expert assesses his aesthetic damage at 4/7 and his sufferings endured at 5/7.
- Aesthetic Damage (PAD): For a degree of 4/7, the suggested scale indicates compensation between €6,100 and €12,000.
- Sufferings Endured (SE): For a degree of 5/7, compensation ranges from €16,100 to €30,000.
Calculation:
- PAD: Taking a median amount of €9,050.
- SE: Taking a median amount of €23,050.
Total Compensation for Jean = €9,050 (PAD) + €23,050 (SE) = €32,100
Example 2: Permanent Functional Deficit (PFD)
Situation: Sophie, 28, was involved in a serious fall on the stairs, resulting in a partial loss of use of her legs. Medical assessment finds a PFD of 27%.
- PIM scale for 27% at age 28: Assume a point value of €3,500 (hypothetical for this example).
Calculation: Compensation=Percentage of PIM×Value of the Point=27%×3,500 €=€94,500
Total Compensation for Sophie = €94,500
Example 3: Temporary Functional Deficit (TFD)
Situation: Marc, 45, had an accident while working on DIY projects causing multiple fractures that immobilized him for 120 days, with a total incapacity during the first 30 days, then partial capacity afterward.
- Total Incapacity (30 days): €27/day
- Partial Incapacity (90 days): Class II at 50%, thus €13.50/day.
Calculation:
- Total Incapacity = 30 days × €27 = €810
- Total Partial Incapacity = 90 days × €13.50 = €1,215
Total Compensation for Marc = €810 + €1,215 = €2,025
Example 4: Loss of Enjoyment and Third Party
Situation: Clara, an avid hiker, can no longer practice after her accident. Additionally, she requires full-time assistance from a third party.
- Loss of Enjoyment: Let’s estimate compensation at €10,000 (hypothetical).
- Cost of Third Party (per year): Assume a continuous need for support costing €18,000/year.
Calculation:
- Compensation for Loss of Enjoyment = €10,000
- Compensation for Third Party for one year = €18,000
Total Compensation for Clara = €10,000 + €18,000 = €28,000 per year
These examples demonstrate how different types of damages are assessed and compensated based on scales and individual situations. It is crucial to have each case carefully evaluated by an expert to ensure fair and adequate compensation.
Tips for Using the Compensation Table
Verification and Dispute
It is crucial to verify the accuracy of the PIM assessments provided by experts and to dispute compensation amounts if they seem inappropriate. Using the compensation table as a reference can help argue for a re-evaluation of damages.
Consultation with an Expert
Consulting a medical expert or a specialized lawyer can provide personalized advice and help navigate the compensation process, especially if the damages are complex or severe.
Conclusion
The compensation table is an essential tool for victims of life accidents. It ensures that all compensations are fairly calculated and consistently applied, thereby guaranteeing that victims receive the necessary financial support to cover the consequences of a non-fault accident. For optimal results, it is recommended to seek professional advice and stay informed about the latest updates to the scales of compensation.
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