Les préjudices professionnels des jeunes victimes de dommages corporels. Partie 2 : Les difficultés liées à l’évaluation des pertes de gains professionnels

Abstract

Though professional damages in respect of young personal injury victims are recognized in principle by the Dintilhac group, and confirmed by the Court of Cassation in terms of full compensation for damages suffered, the assessment of such professional damages remains difficult, and the source of myriad legal disputes. Assessment of lost future earnings requires a specific approach: As regards the benchmark salary, judges base this on the average or median salary in France, taking into account the social and family environment which may represent a loss of opportunity. The jurisprudence recognizes that the permanent incapacity of the victim entitles them to lifetime compensation, mostly in the form of an annuity. However, while the civil judge considers that the payment of an allowance for disabled adults (AAH) or an educational allowance for disabled children (AEEH) does not interfere with the calculation of lost professional earnings, the administrative judge takes the opposite stance.