A victim can sue the offending person to liability to get the damages, most often in the middle of damagesThere are three major types of damage: material damage (damage to property), bodily injury (injury to the physical or mental integrity) and moral damage. Often, the moral prejudice is related to a physical injury, because a physical illness has an effect on the personality and the mind of the person. The thirteen of march, the Court of Cassation has recognized that moral harm in the loss of opportunity of not having lived longer (loss of chance of survival). This is to compensate the mental suffering linked to the consciousness of imminent death. Since then, the concept of prejudice abridged life has often been argued and heard by the courts. The state of consciousness of the victim between the fault and its death, its life expectancy, are taken into account in the assessment. It corresponds to the penalty of having lost a loved one or the pain of the see decreased pain and suffering. The courts recognise more easily the moral prejudice of the victim indirectly or indirectly (parents, children, spouse, brothers and sisters, grandparents, grand-child) that of the direct victims, who already benefit from the repair of other damage. A close without kinship may also invoke a moral prejudice to the condition to prove a link emotional real with the victim (such as a community of life).
As for damages, the victim must prove fault, damage and a causal link between the two.
In addition, it must prove that the harm is real, live (personally), some (even in the future, but in any case not hypothetical). The evaluation of a moral injury is tricky, because it is to compensate for emotional suffering, emotional pain by money. In France, compared to other countries, the moral prejudice is little assessed. Often, the courts have held that non-pecuniary damage is included in the bodily injury, disfigurement, or the loss of amenity. Good to know: the judge may not condemn the responsible to pay a greater amount at the request of the victim. The repair can be paid in the form of capital, a one-time, or in the form of an annuity attached to it. Good to know: the victim may ask the judge to impose the regulations of the damages and interest, a penalty payment in order to avoid delays in payment. There is no scale required for the courts Each case is examined separately by the courts, and the assessments vary according to the judges and the courts. However, to avoid too large variations, it was created from the scales are indicative which may serve as a reference for professionals.
