When you suffer an injury in France, understanding how your compensation is calculated can help you make informed decisions and avoid undervaluation by insurers. Unlike Common Law systems, French Civil Law follows a structured approach, relying heavily on medical assessments and predefined categories of damages. This article explains the key factors influencing your settlement or court award.
1. The Role of Medical Assessments
Medical evaluations are central to your claim. These assessments determine both the severity and the lasting impact of your injuries. The appointed medical expert—whether chosen by the insurer or independently—will measure temporary incapacity (ITT) and permanent disability (IPP). These ratings directly affect the amount of compensation awarded.
2. Temporary vs. Permanent Loss
Temporary incapacity refers to the period when you are unable to work or carry out normal activities, even if full recovery is expected. Permanent disability reflects long-term or lifelong impacts, such as reduced mobility or chronic pain. Both are calculated differently and can be awarded together.
3. Categories of Damages
Under French law, compensation is divided into specific heads of loss. These include:
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Medical expenses – past and future treatment, rehabilitation, and assistive devices.
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Loss of income – earnings lost during recovery and any future loss due to reduced capacity.
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Pain and suffering (préjudice moral) – physical and emotional distress caused by the injury.
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Loss of amenity – impact on daily life, hobbies, and social activities.
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Assistance needs – care or help required at home, temporary or permanent.
4. The Barème Indicatif
French courts and insurers often use the barème indicatif—a non-binding reference table—to determine typical compensation ranges for specific injury types and levels of disability. While it provides guidance, an experienced lawyer can argue for higher amounts based on your unique circumstances.
5. Negotiation with Insurers
Insurance companies may propose a settlement based on their own calculations, often using in-house doctors. Without independent verification, these offers can be significantly lower than what you’re entitled to. Always seek legal review before accepting an offer.
6. Importance of Independent Experts
Your lawyer can appoint an independent medical expert to ensure an unbiased evaluation. They can also obtain vocational assessments and economic reports to demonstrate the real financial impact of your injury.
Related Reading
For details on protecting your claim from the outset, see Common Mistakes to Avoid When Making a Personal Injury Claim in France and What Evidence Do You Need for a Personal Injury Claim in France?.
Secure Your Full Entitlement
Every case is different, and the calculation of compensation in France involves many moving parts. Working with an English-speaking personal injury lawyer ensures that no category of damages is overlooked and that you receive the full amount you deserve.
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