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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
probability of £2,500 to £5,000.
Scars, etc.
(Préjudice Esthétique)
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.
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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