An accident corporeal involves an external cause causing bodily harm. If you are the victim, depending on the circumstances surrounding the occurrence of such an accident, you can benefit from compensation. In order to assess the amount and terms of this compensation, it is possible to use a compensation simulator for bodily injury.
But what is this tool? How to use it? Is it really useful? Our experts answer you.
Compensation simulator for bodily injury: What’s the point ?
Simply put, a Personal Accident Claims Simulator is a calculation tool bodily injury caused to the victim of an accident. So it has an estimated goal.
That said, it is important to keep in mind that each injury accident situation is unique. Moreover, some cases, apparently identical, can hide particularities that will make all the difference during the estimate.
Moreover, the legislation does not impose scale official for the calculation of the bodily injury caused. The one generally used can also vary considerably depending on the following parameters:
- The age of the victim;
- The gender of the victim;
- The jurisdiction of the court;
- The relevant jurisdiction;
- The particularity of the situation of each victim;
- The type of case (amicable decision or court decision).
Such a simulator therefore in no way replaces the authorities empowered to determine the value of the compensation due to the victim. On the other hand, it promotes understanding of the principle of evaluation of the harm corporeal. Likewise, it provides an estimate of the latter and therefore gives an idea of the approximate amount of compensation.
Read also: Automotive expertise: the procedure in the event of an accident
How is the calculation made with a compensation simulator for bodily injury?
Road accident, life accident, nosocomial infection and accidents at work are all bodily accidents giving rise to compensation. If the simulator can help to understand the mechanism of the calculation, it is however not enough to identify all the steps leading to the end result.
Indeed, the latter is obtained in two main stages: medical expertise and financial costing.
Medical expertise for bodily accident compensation
At this phase, doctors experts intervene once the state of the victim is consolidated. They then set up a final expertise aimed at definitively determining the bodily harm suffered.
At the end of this phase, the medical expert provides a figure corresponding to each injury post.
Temporary Functional Deficit (FTD)
Also known as ITT (Temporary Total Incapacity), this item concerns the period during which the victim was unable to manage his or her occupations usual. At this item, the medical expert assigns a rate that will be used for the calculations.
The Permanent Functional Deficit (AIPP or DFP)
This item includes the sequelae caused by the bodily accident. The latter are evaluated in the form of a percentage (rate) of incapacity according to the physical or psychological state of the victim. This position is also called AIPP (Attack to Physical and Psychic Integrity).
The Pretium Doloris
The suffering endured by the victim as a result of the accident is included in the Pretium Doloris. The latter also takes the name of price of pain and is rated on a scale of 0 to 7.
Given that the perception of pain is relative, the medical expert takes care to take into account the type of injury and the care implemented.
This item brings together all of the successive disgraces following bodily injury. The assessment of their importance is based on the characteristics of the scars : location, appearance, size. A score is then assigned on a scale of 0 to 7.
The loss of approval
When the accident renders the victim unable to perform a recreational activity, we speak of harm to approval. Whether it is sports or any other leisure activity, the medical expert assesses the extent of this disability.
The damage caused on the following levels is assessed under sexual harm: morphology, sexual relationship and procreation. In the first category, it is the damage suffered by the organ sexual of the victim that are taken into account.
The box sexual relationship includes problems with libido, pleasure and the total inability to maintain sexual relations. Finally, the procreation category concerns difficulty or inability to procreate.
This post relates to relatives of the victim having suffered an impact in view of the damage (disabilities). It concerns both family members and non-family members. But in the latter case, the relatives in question must provide proof of link affective important with the victim. The assessment of non-pecuniary damage varies widely from case to case.
The prejudice of establishment
If the victim loses his chances of making a family life plan, this item comes into play. These include getting married and starting a family.
Note that this list (from the nomenclature Dintilhac) is not exhaustive. It constitutes a basis on which the competent authorities rely to assess the bodily harm caused to the victim.
The financial costing
This second phase is based on the report of medical expertise to determine the financial value of all the bodily injuries. This final calculation takes into account the rules of common sense and jurisprudence (trend of court decisions).
All in all, a personal accident compensation simulator can be very helpful for a reasonable estimate. Its results are therefore only indicative.
Read also: Personal injury lawyer: in which cases to use it and where to find one?