For a number of years, legal developments have constantly worked to significantly improve compensation for victims of personal injury.
The Second Civil Chamber of the Court of Cassation ruled in this direction in a decision dated 15 February 2024 (no. 22-20.994), reaffirming that the victim’s pathological predispositions should not be taken into account when calculating compensation.
The fundamental principle of full compensation for loss
Traditionally, the courts only compensate loss resulting directly from the harmful event, thus excluding loss attributable to a pre-existing pathological condition already revealed in the victim.
However, in this ruling, the High Court reiterates an essential point: the right to full compensation for personal injury cannot be reduced as a result of a pathological predisposition on the part of the victim, when the resulting condition was only caused or revealed by the injurious event.
In other words, if an underlying pathology had never affected the victim before the accident and it was the accident that revealed its effects, then full compensation must be paid.
An exception limited to marginal cases
There remains an exception to this statement when the previous condition had a definite course within a determinable period of time.
In fact, if the latent pathology was revealed by the accident but would inevitably have manifested itself within a foreseeable period in the absence of any damage, it will inevitably be taken into account when assessing the victim’s compensation.
Why is this decision part of a trend in case law that is favourable to victims?
Unless it can be proved that the victim was aware of the pathology and that it was certain to develop within a foreseeable period of time, its existence cannot justify a reduction in the victim’s right to full compensation.
Since in the majority of situations, the evolution of a pathology remains uncertain over time, this protective position for victims reduces to a minimum the possibilities for insurers to invoke a previous condition in order to restrict the amount of compensation.
Don’t let your compensation be underestimated!
The principle of full compensation means that victims must be restored to the state they were in before the harmful event. No victim should be penalised because of a previous fragility which, without the harmful event, would probably have remained latent or would have manifested itself much later.
There are many subtleties to personal injury law, and every detail counts to ensure that the victim’s rights are respected.
So if you’ve had an accident, don’t let your compensation be undervalued. DAMY Law Firm puts its expertise at your service to defend your interests effectively and get you the compensation you deserve.
