Dintilhac nomenclature, bodily harm, compensation, patrimonial consequences, extrapatrimonial consequences, loss of income, funeral expenses, temporary functional deficit, permanent functional deficit
A detailed analysis of the Dintilhac nomenclature application in a case involving bodily harm and compensation for various patrimonial and extrapatrimonial consequences.
[...] D., his two adult children, his grandchildren, his brother, his godson, and myself. A thorough assessment of the consequences of this accident reveals, in fact, that several elements of physical harm have not been correctly taken into account or have been undervalued: - Regarding the physical harm suffered by the direct victim, namely Mr. For what concerns of patrimonial consequences, the Dintilhac nomenclature distinguishes between: - Temporary patrimonial damages, These are therefore carried out before the consolidation of the victim's state, namely between July and January a period during which Mr. [...]
[...] - Permanent patrimonial damages, which subsist after the consolidation of this state, namely the date of death set at January Finding of the absence of future health expenses due to the pathology; absence of future loss of professional earnings; absence of professional incidence damage; absence of adapted housing or vehicle expenses. For what is of extrapatrimonial consequences, the Dintilhac nomenclature distinguishes between: - The temporary functional deficit, which corresponds to a permanent pain and a loss of quality of life: this prejudice extending from July to January 29, 2022; the permanent functional deficit, as for him, is fully covered, or 100%. - The prejudice for the suffered pains, which corresponds to the price of pain. It is evaluated at 6.5/7. [...]
[...] - The prejudice of amenity, which results from the impossibility of regularly practicing leisure activities, is non-existent. - Regarding the bodily harm suffered by the indirect victims, that is to say: - Her husband, Mrs. D years old at the time of the accident; - Her two adult children, François D and Isabelle both of whom are married and parents of two children; - Her brother years old; - Her godson, son of a friend years old, with whom he was very close. [...]
[...] The Dintilhac nomenclature in this case allows for repair: - Certaines conséquences patrimoniales du préjudice corporel : funeral expenses; loss of income of relatives: thus the retirement income of Mrs. D. amounting to 45,000 euros per year; various expenses incurred by relatives: thus the expenses resulting from the necessary maintenance of the main residence by Mrs. D., the latter being unable to maintain it alone due to health problems discovered a year after the accident rendering her then unable. - Certain individuals extrapatrimonial consequences of bodily harm: the harm of accompaniment or the harm of affection, notably that of his godson with whom he was very close. [...]
APA Style reference
For your bibliographyOnline reading
with our online readerContent validated
by our reading committee