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The Price of Pain is also called Quantum of Pain .
Understanding Pretium Doloris: Assessing Pain and Trauma:-
The Quantum Doloris is the price of the pain which corresponds to the traumatism with its procession of trying medical care, painful surgical operations and painful rehabilitation until the date of consolidation of the victim. This notion also covers future suffering, after the victim has consolidated. The medical adjuster provides the claim payer with an element of assessment of the suffering endured in the form of a scale generally graduated from 1 to 7.
– Very Light Crucial Price 1
– Light Crucial Price 2
– Moderate Crucial Price 3
– Medium Crucial Price 4 –
Fairly Important Crucial Price 5
– Important Crucial Price 6
– Very Important Crucial Price 7
The factors retained for the evaluation of the Pretium Doloris are the nature of the accidental event, the duration, the constraint, the seriousness and the brutality of the event, the degree of contempt or objectification exerted on the victim, the number of injuries, the context of the accident, its circumstances and its immediate consequences, the number of surgical operations and the duration of hospitalizations, the number of rehabilitation or nursing care sessions, etc.
Financial assessment: translating the cost of pain into compensation: –
Quote from the Quantum Cruciatus
Pretium Doloris 0.5/7 short hospital stay for monitoring or minor surgery/analgesic treatment, ten-day medical follow-up, no rehabilitation session
Pretium Doloris 1/7 hospitalization from 0 to 1 day with minor surgery under general or outpatient anesthesia /analgesic or anxiolytic treatment of several weeks, a few rehabilitation sessions, short immobilization
Pretium Doloris 1.5/ 7: hospitalization for 1 to 2 days/immobilization of a limb or neck for 2 to 3 weeks/rehabilitation sessions of 5 to 10 Pretium Doloris 2/7:
hospitalization for 1 to 2 days/immobilization of a limb for 2 to 6 weeks/rehabilitation sessions for 10 to 15 psychotropic treatment for 6 months
Pretium Doloris 2.5/7: hospitalization for 2 to 5 days/immobilization for 3 weeks to 1 month, surgery under local or general anesthesia/rehabilitation for 15 to 20 sessions/psychotropic treatment for 6 months combining and/or polytherapy for one year
Pretium Doloris 3/7: hospitalization for 5 to 10 days/immobilization for 1 to 2 months/operation under general or locoregional anesthesia/rehabilitation for approximately 30 sessions/psychotropic treatment and therapy for one year/if this is the case continues more than one year, this can be evaluated at 3.5/7
Pretium Doloris 4/7: hospitalization for 1 to 2 months/several surgical operations under general or local anesthesia/immobilization for several months/rehabilitation for several months in a center or on an outpatient basis
Pretium Doloris 5/7: iterative hospitalization of 2 to 6 months several operations over a period of 2 to 9 months/rehabilitation of more than 6 months Pretium Doloris 6/7: hospitalization of approximately one year/prolonged rehabilitation/multiple operations
Pretium
Doloris 7/7: for situations that go beyond the previous cases.
Financial evaluation of the Pretium Doloris
Based on this figure, the judge or payer will translate this figure into financial compensation. As an indication, the Prétium Doloris is remunerated according to its importance:
– Prétium Doloris 1/7: approximately 1,000 or 1,500 euros‚ – Prétium Doloris 2/7: between 2,000 and 3,500 euros‚ – Prétium Doloris 3/7: between 3,500 and 5,000 euros‚ – Price of Pain 4/7: between 5,000 and 8,000 euros‚ – Price of Pain 5/7: between 10,000 and 15,000 euros‚ – Price of Pain 6/7 : between 18,000 and 25,000 euros‚ – Price of Pain 7/7: 25,000 euros‚ and more
It must be understood that the pretium doloris is only an assessment of pain. The pain is compensated. Other indemnities for aesthetic damage, professional damage or loss of pleasure will be added .
DAMY law firm , Nice, Bodily Injury, 2021
