Indicative Compensation Scale by Type of Damage
| Type of Damage | Description | Suggested Compensation |
|---|---|---|
| Permanent Functional Deficit (PFD) | Permanent incapacity following the accident. | Varies according to the rate of IPP :
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 |
| Sufferings Endured | Physical and mental pain during trauma and care periods. | 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 resulting from physical 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 |
| Enjoyment Damage | Inability to practice leisure or sports activities. | Large variability :
€2,000 – €15,000 (depending on activity and frequency) |
| Sexual Damage | Impact on the victim’s sexual life. | Light to Severe :
€500 – €60,000 (depending on morphological, functional, and psychological impacts) |
| Third Party Assistance | Cost for necessary help due to disability. | Annual Estimate :
During illness: €15,000 – €50,000/year After consolidation: €10,000 – €100,000/year (depending on severity and ongoing need) |
| School Damage | Impact on schooling or training due to the accident. | Lost school year :
Schoolchild: €6,000 Middle school student: €7,000 High school student: €10,000 University student: €12,000 |
Understanding the Compensation Table
When an unexpected accident occurs, causing bodily harm without the involvement of a third party (such as a fall at home), the victim may claim compensation according to the terms of their Life Accident Guarantee (GAV) contract. This compensation table is crucial for accurately assessing the suffered damage and determining the appropriate payout.
How the Compensation Table Works
The compensation table serves as a reference for calculating the financial compensations owed to victims of domestic accidents. These scales are based on various criteria such as the rate of Permanent Partial Incapacity (PPI), which measures the degree of permanent sequelae experienced by the victim.
Usefulness of Indicator Scales
Indicative scales are regularly updated to reflect legislative changes or developments in case law. Although they are “indicative”, they provide an essential basis for calculation to harmonize compensation practices across different jurisdictions.
Details of the Compensation Table
Calculating Compensation Based on PPI Rate
Compensation is generally calculated by multiplying the assigned PPI rate by an expert, by a monetary value set according to the victim’s age and severity of incapacity. For example, a young adult with a 15% PPI might receive compensation based on a higher multiplier compared to an older person with the same PPI rate.
| PPI Rate (Examples) | Types of 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 % |
| ACL rupture | 5 % | 15 % |
| Acromioclavicular dislocation | 2 % | 8 % |
| Fracture of the elbow end | 10 % | 12 % |
| Femoral head fracture with significant stiffening | 20 % | 22 % |
| Femoral neck fracture | 7 % | 22 % |
Scales for Various Damages Types
The table often includes separate sections for different damage types such as sufferings endured, aesthetic damage, or permanent functional deficits. 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 look at some hypothetical scenarios involving victims of life accidents. These examples will help clarify the process of calculating compensations based on the criteria established in the scales.
Example 1: Aesthetic Damage and Sufferings Endured
Situation: Jean, 34, suffered severe burns on the 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: Take a median amount of €9,050.
- SE: Take 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 the victim of a severe fall down the stairs, resulting in a partial loss of use of her legs. The medical assessment determines a PFD of 27%.
- PPI Scale for 27% at age 28: Suppose a point value of €3,500 (hypothetical value for this example).
Calculation: Compensation=Rate of IPP×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 a DIY accident causing multiple fractures that immobilized him for 120 days, with a total incapacity for the first 30 days, then partial capacity afterward.
- Total Incapacity (30 days): €27/day
- Partial Incapacity (90 days): Class II at 50%, so €13.50/day.
Calculation:
- Total Full 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: Enjoyment Damage and Third Party Assistance
Situation: Clara, passionate hiker, can no longer hike after her accident. Additionally, she requires full-time assistance from a third party.
- Enjoyment Damage: Estimating compensation at €10,000 (hypothetical).
- Cost of Third Party Assistance (per year): Assuming ongoing support costing €18,000/year.
Calculation:
- Enjoyment Damage Compensation = €10,000
- Third Party Assistance Compensation per year = €18,000
Total Compensation for Clara = €10,000 + €18,000 = €28,000 per year
These examples demonstrate how different types of damages are evaluated and compensated according to scales and individual situations. It is essential to have each case precisely assessed 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 IPP assessments provided by experts and to contest compensation amounts if they seem inappropriate. Using the compensation table as a reference can help argue for a reassessment of damages.
Consulting an Expert
Consulting a medical expert or a specialized lawyer can provide personalized advice and help navigate the compensation process, especially if 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, thus guaranteeing that victims receive the necessary financial support to cover the consequences of a non-fault accident. For optimal results, it is recommended to rely on professional advice and stay informed about the latest updates to the scales.
For Further Reading
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