Classification of damage in common law according to the Dintilhac nomenclature
DOI:
https://doi.org/10.54695/dss.53.06.2623Keywords:
bodily damage of the direct victim, bodily damage of the indirect victims, patrimonial damage of the direct victim, extrapatrimonial damage of the direct victim, temporary patrimonial damage, permanent patrimonial damage, temporary patrimonial damage of the direct victim, permanent patrimonial damage of the direct victim, current health care expenses, loss of current professional earnings, future health care expenses, cost of adapted housing, cost of an adapted vehicle, assistance by a third party, loss of future professional earnings, professional incidence, loss in terms of school, university or training, temporary extrapatrimonial damage of the direct victim, permanent extrapatrimonial damage of the direct victim, evolving extrapatrimonial damage of the direct victim, temporary loss of function, suffering endured, temporary aesthetic damage, permanent loss of function, loss of pleasure, permanent loss, sexual damage, loss concerning the hospital, exceptional permanent damage, loss to indirect victims if the direct victim dies, loss to indirect victims if direct victim survives, loss of care, loss of affection.Abstract
The Dintilhac nomenclature is the nomenclature currently recognised and used for the indemnification of bodily
damage. It distinguishes the bodily damage of the direct victim from the bodily damage of the indirect victims. The
bodily damage of the direct victim comprises patrimonial damage and extrapatrimonial damage. Patrimonial
damage comprises temporary patrimonial damage before consolidation, permanent patrimonial damage after
consolidation. Extrapatrimonial damage comprises temporary extrapatrimonial damage before consolidation,
permanent extrapatrimonial damage after consolidation as well as evolving extrapatrimonial damage considered
without consolidation.
Temporary patrimonial damage before consolidation is made up of current health care expenses, miscellaneous
costs, loss of current professional earnings.
Permanent patrimonial damage after consolidation is made up of future health care expenses, the cost of adapted
housing, the cost of an adapted vehicle, assistance by a third party, loss of future professional earnings, professional incidence, loss in terms of school, university or training.
Temporary extrapatrimonial damage before consolidation is made up of the temporary loss of function, the suffering endured, temporary aesthetic damage. Permanent extrapatrimonial damage after consolidation is made up
of of permanent loss of function, loss of pleasure, permanent aesthetic damage, sexual damage, loss concerning
the hospital, exceptional permanent damage
