The Gazette 1985

GAZETTE

APRIL 1985

(c) any other relevant element. The Paris courts tend to be more generous than other courts. Pain and Suffering 'Pretium Doloris' This is usually valued by the medical expert on a scale with seven levels, from very light (1) to very severe (7), or extreme. By present values, 'medium' (4) is the classification for a broken leg which has been operated on once. The victim will receive from £600 to £1,200. 'Very important' or 'extreme' can mean anything from £ 1,000 upwards, with a This category could best be explained as compensation for 'loss of glamour': it covers such injuries as limps, burns, cross-eyes, dental and other less severe damage. However, the more visible the scars, and the younger the victim, the more she gets. Men will also receive compensation, but usually less. Experts use the same levels (1 to 7) as for pain and suffering to quantify Préjudice Esthétique. Damages are not usually as high as for pain and suffering unless there is an impact on the victim's working life, then often covered under 'permanent disability'. Amenities of Life (Préjudice d"Agrément) This category mainly covers sports enthusiasts, amateur musicians, etc. — i.e., the loss of a hobby that cannot be engaged in any more is worth something. probability of £2,500 to £5,000. Scars, etc. (Préjudice Esthétique)

Evidence will usually be needed, and the higher the previous standard of achievement the higher the

compensation. Miscellaneous

Impotence deriving from an accident can be compensated, and the spouse will also be compensated on the ground of prejudice moral. Medical expenses can be claimed (if evidence is provided). The Sécurité Sociale (equivalent to the NHS) can claim medical expenses paid for by the state on the disability. Fatal Accidents Financial loss; compensation is mostly based on the loss of earnings suffered by the family. This has to be proved, and no general figures can be given. Moral suffering: préjudice moral is also compensated, the spouse usually receives £2,000 to £5,000, children £1,000 to £3,000, parents, brothers and sisters even less. Cohabitees may receive compensation, but usually less than wives. Obtaining Compensation The practical sequence will usually be: 1. to get some notion of the medical situation expressed in technical terms; 2. to try to settle with the insurance company; or 3. failing this, to litigate. Medical Examination When the case is not fatal one must know on what basis

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