In summary
| Section 📑 | Description |
|---|---|
| 📊 Initial statistics | In 2017, 126,460 compensation requests were processed, totaling 557.4 million euros, with 403.5 million specifically for victims of attacks. |
| 🛡️ Available assistance | The guarantee funds offer compensation to victims of terrorist acts, general criminal offenses, and uninsured road accidents. The FGTI and the FGAO are the main involved organizations. |
| 👥 Eligibility | Any victim on French territory can be compensated, regardless of nationality. For attacks abroad, only French victims are eligible, along with their beneficiaries. |
| 📝 Application procedure | 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 make the claim. |
| 🚑 Types of compensation | The FGTI covers bodily injuries, 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 may include initial provisions, evaluations by consulting physicians, and adjustments based on the victim’s final health condition. |
| ⏳ Compensation deadlines | An initial advance is paid within the month following the request. The total offer is presented within three months after receiving all documentation. |
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 fund compensating victims of attacks paid out up to 403.5 million euros. We will see how the bodily compensation for victims works.
What existing aids are available for victim compensation?
Compensation is a fundamental right, and the mission of guarantee funds is to compensate each victim under the best possible conditions.
The guarantee fund is a Public service that compensates victims:
- of terrorism acts;
- of common law offenses (assaults, sexual assaults, fraud, etc.);
- of road accidents caused by uninsured or unknown drivers.
The Guarantee Fund operates, under the control of the Ministry of Finance, as part of national solidarity. This guarantee fund has two components, one for victims of attacks or terrorism acts, which is the Victims’ Guarantee Fund for Acts of Terrorism and Other Offenses (FGTI).
It is a private organization of moral law through which victims can assert their right to repair through compensation for bodily and psychological damages they have suffered. The second fund is the FGAO: Guarantee Fund for Mandatory Damage Insurance, created in 1951.
These two funds constitute a single public aid instrument for victims, mainly financed by contributions and premiums deducted from property insurance contracts of individuals and contributions from insurance companies.
The FGTI: Guarantee Fund for Victims of Terrorism and Other Offenses, has been covering 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 their nationality. If it occurs abroad, only French victims can obtain compensation.
In case of deaths of a victim:
- Of French nationality, their beneficiaries can be compensated, regardless of their nationality.
- Foreign, their beneficiaries of French nationality can be compensated.
The beneficiaries of deceased victims are children, parents, grandparents, grandchildren, brothers, and sisters.
What steps are necessary to receive compensation?
For an attack in France, the Public Prosecutor immediately informs 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 contacts them or their family for compensation. If you consider yourself a victim of a terrorist act, you can directly approach the Guarantee Fund for a compensation claim.
You have a 10-year period from the date of the terrorist act to file a claim with the FGTI.
What does the FGTI compensate for?
The Guarantee Fund offers bodily compensation for many types of damages:
- Injured victims are of course entitled to compensation for all their bodily damages.
- The moral damage of the victim themselves. As well as that of their relatives and beneficiaries, especially if the victim is deceased.
- A “specific psychological damage” (PESVT) that is exceptional and specific to terrorism victims.
- An economic damage may result from job loss or the necessity to adapt a home due to disability…
The FGTI assesses these damages, 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 for the body. Repatriation applies when the person was abroad.
The Fund considers benefits paid by social organizations, whether public or private. Damages to property are not covered by the FGTI.
There is no official “scale” that would set a fixed amount for this or that type of damage without margin for discretion.
For deceased victims, the amount of compensation may vary depending on the number of relatives, their kinship, and especially if economic damages related to the death persist.
For injured victims, the amount of the compensation may be increased due to the young age of certain victims, depending on whether there is economic damage to repair.
In the most severe cases, it considers, for example, the need for human assistance or designing a home adaptation.
How does bodily injury compensation work?
It all depends on the nature of the injury to the victim.
In case of injuries with healing without sequelae
Bodily injury compensation is based on the medical certificates provided, the receipts for expenses borne by the victim, and income losses, after deducting claims from social organizations.
In case of injuries with sequelae
The FGTI pays one or more provisional compensations. It requests its consulting physician to examine the victim, who can be assisted by a doctor of their choice.
Once their health is stabilized, the victim receives a detailed statement of the proposed compensation after review of the medical report prepared by the consulting physician, deducting claims from social organizations.
In case of death
The compensation offer is addressed to the beneficiaries. It includes compensation for moral damages, funeral expenses, expenses borne by the beneficiaries, and economic damages, after deducting claims from social organizations.
Victims or their beneficiaries can accept, negotiate, or refuse the compensation offer. If refused, it is the courts that determine the amount the Fund must pay.
What are the compensation deadlines?
The Guarantee Fund pays a first installment within the month following the bodily injury claim. This initial financial advance is essential to cover the first expenses, whether medical costs or funerals.
The fund then proposes in writing a total compensation amount, no later than three months after the submission of the complete file along with its justifications.
Upon receipt of the file, victims have a fifteen-day reflection period. If accepted, the payout is almost immediate. If refused, the case goes to 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 procedures and understanding their rights, victims can obtain fair and adequate compensation.
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