Prejudices

Temporary incapacity : It may be total (ITT) or partial (ITP).
It must be evaluated by experts based on the inability of the victim to engage in all daily activities, whether acts of everyday life or work. It will give access to compensations :

from losses of revenue specific to each particular case (wages, salaries, fees, benefits) 
from inability in daily usual acts of life that compensate damage to physical integrity and lives of the victim, regardless of income losses during the duration of temporary disability. 


The permanent partial disability 
(ITP) 

This physiological deficit or the disability is assessed through a rate from 0 to 100 % for the victim that is stabilized (eg : an injury no longer allowing any improvement and therefore opening possibilities to assess the extent of disability resulting). 


What are the injuries entitled to compensation ?

In addition to the damages suffered by the victim herself, harm to relative can also open rights to compensation.



Classification of injuries of the direct victim 
(According to the 2006 Dintilhac nomenclature
 in France) 

1) Estate prejudice

a) Temporary estate prejudice
- Current health expenses : medical, hospital, pharmaceutical, rehabilitation and other costs to identify in the absence of Mutual.
- Miscellaneous expenses
- Medical expert fees
- Transport costs
- Costs of modification of a car or home
- Child care expenses
- Household Care
- Replacement staff
- Loss of current professional earnings : independant experts chosen by ADRACO assist the victim during appraisal 


b) Economic Permanent Damage (after stabilization)
- Future health costs : hospital fees, medical, paramedical
- Renewable prostheses for limbs, teeths, ears
- Appliances
- Expenses for special housing needs : after expertise by an architect (quotations and invoices of the work), an occupational therapist, victims with disabilities often need to adjust or change their habitat in order to enjoy access and adequate security for their operation (widen doors for wheelchairs, provide spaces and ramps, redistribute parts, redesigning the layout of the kitchen plans and elements of the bathroom). It is also to provide technical aids such as electric or voice commands. The whole can be supported by the loss adjuster. Some situations even impose buying a new house and its adaptation (eg a victim living in a council flat with floors and no elevator) 
- Moving costs for adapted housing
- Vehicle expenses: the vehicle of a victim is rarely adapted to his disability, so that adjustments are necessary. In some case, buying an adapted vehicle could be necessary. 
- Support by third person : permanently and compensate for its loss of autonomy. For people with severe disabilities, this is the most critical point to evaluate because it’s supposed to compensate their loss of autonomy.


The use of a specialist is fundamental to ensure that needs and costs are not underestimated, this is done after on site evaluation of the victim’s living conditions. Needs in human help must be evaluated on-site once the victim is back home and not after stabilization of the victim condition. This might not be reduced even in the case of the presence of relatives : some handicap cannot be directly managed by relatives. Whatever the case, the goal is to ensure full restoration of dignity and rights. It’s important to make sure that compensation is based on real and factual expenses, not fixed rates based on evaluation, therefore ensuring that the victim will be able get enough finance to pay for human support. Evaluation of such services must be based on quotation from specialized association who provide human support service. It means that the association is the employer and therefore will support the risk of being prosecuted. 


- Loss of future professional income : for each specific case, revenue loss and potential professional promotions that will not be reached due to the accident has to be included as part of the compensation.






Close-up of disabled female hand holding cane with her doctor walking near by


- Professional impact : depreciation of the capacity of the worker to adapt to the work environment 

- Academic impact : depending of the case, waste of a school year, career guidance, abandonment of training... 

2) Extra estate prejudice 

a) Temporary prejudice (before stabilization) 
- Temporary functional loss : degradation or loss of the life quality during the trauma 
- Pain : include physical pain resulting of the localization of the injury, but it can include the moral pain that can be present long after the trauma
- Aesthetic prejudice
- Temporary Sexual prejudice


b) Permanent extra estate prejudice (after stabilization) 
- Permanent functional loss which could be physical, sensorial or mental based on medical experts
- Quality of life loss or degradation: Including impossibility to practice sports and modification of social life. Rates are often linked to invalidity rate. A court of law will evaluate and compensate such kind of loss. 
- Permanent aesthetic damages : in the case of aesthetic persistence. Evaluation of the change will be assessed according to precise parameters (modification of the attitude, behavior in general). The impact of the medical equipment and its consequences on the behavior will also be analysed. Assessment will be performed by a medical expert and based on a scale that goes from 1 to 7 (very light, light, medium, important, to highly important). Lawyer will play an important place in these evaluations for each injury. Scars, aesthetical or functional modification, some involving the use of special apparels have to be evaluated. These two types of pains must be assessed by expert. The lawyer is there to manifest that each case is individualized and that exceptional case are treated as such. 
Permanent physical and moral suffering damage
- Sexual prejudice : include the loss of sexual life for psychological or physical reasons. These damages are evaluated by a court of law and can be sourced of a compensation worth in some extent to some tens of thousands Euros.
- Relationship prejudice : meaning that the victim is unable to have sentimental relationship, making impossible to found a family 
- Exceptional permanent prejudice : linked to event like terrorism or natural catastrophic events 


c) Degenerative prejudices 
- Prejudices coming from hepatitis, HIV, bacterial information from surgical operation...
- Nomenclature of physical prejudice to collateral victims 
- Relatives of victims are also seriously armed by an accident, which change their daily life and require redefining family member roles.
- Incurable disease and disease of contamination



Upset patient describing her problem to psychiatrist in clinic