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Record compensation for a paraplegic victim
In December 2011, the Tribunal de Grande Instance of Niort ordered MACIF to pay the record sum of 7.6 million euros to a 35-year-old senior executive who became paraplegic following a head-on collision with a vehicle traveling in opposite direction on the highway.
The court applied the principle of full compensation for damages , which implies that the victim must be placed in the situation in which he would have been if the accident had not occurred. Losses of future professional income must therefore be taken into account in the compensation. However, this employee enjoyed a very high income as the assistant manager of a large DIY store. The accumulation of this loss up to retirement age made it possible to obtain significant compensation proportional to the damage suffered. In this case, the court finds that there was nothing to suggest that the victim would not have received them if she had continued in the same position.
Significance of loss of professional income
It is however shocking, but so usual, to note that the insurance company had initially offered compensation of up to 450,000 euros… Without the wise advice of his specialized lawyer, the victim, powerless against the all-powerful insurer , would have been tempted to accept this offer at a reduced price.
In 2022, the Société d’Avocats DAMY can only be delighted with this fair application of the principles which govern the right to compensation for bodily injury.
We recommend that you read this more general article on compensation for loss of professional income, which was very important in this case: The importance of the loss item “Loss of current professional income”
The concept of “loss of professional gain” is of considerable importance in cases of compensation for bodily injury. When people experience serious injuries that affect their ability to work and earn a living, it becomes crucial to consider the financial repercussions they will face in the future. Loss of business income includes potential income that would have been earned but for the accident or injury. It takes into account factors such as occupation, salary, career trajectory and duration of the claim. Adequate compensation for this loss is essential to ensure that the victim can maintain financial stability, cover medical expenses and ensure future well-being.
