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Cabinet DAMY Avocats came to the interests of a client exercising the profession of ship captain. The latter was driving his motorcycle when at an intersection a driver not respecting the traffic light hit him violently.
Serious injuries and professional impact: a case study
As a result, this motorcyclist suffered serious injuries , including head trauma with initial loss of consciousness, multiple fractures to the right clavicle, right scapula, 1st and 2nd ribs, nasal bones, as well as disjunction. of the pubic symphysis.
After a one-month hospitalization phase, he joined a convalescent center.
Given his after-effects, the victim could no longer exercise his profession as a ship’s captain since the accident.
However, various professional opportunities were available to this person at the material time. Thus, on the very day of the accident, the victim went to the premises of the yachting company to take up his post. A promise of employment had been granted to him, for a net monthly salary of 4,500 euros. It is for this reason that the CPAM considered that it was a commuting accident.
Successful legal outcome: damages for lost wages and professional impact
At the instigation of Cabinet DAMY, the expert appointed by the court recognized that the victim was absolutely unable to assume the profession of skipper that he previously exercised. However, throughout the duration of the legal proceedings, the victim only benefited for his subsistence from the disabled adult allowance, whereas he could have claimed a net salary of 4,500 euros. It is therefore entirely consistent that the Aix-en-Provence Court of Appeal awarded the sum of 137,250.00 euros for loss of salary before consolidation.
Although the court rejected the claim for loss of future professional income, it nevertheless awarded an additional sum of 50,000.00 euros for professional impact.The expertise of Cabinet DAMY in this area has thus made it possible to obtain an excellent legal result.
DAMY law firm, Nice, Bodily Injury, 2020
