The principle of full compensation means that the amount awarded for third-party assistance cannot be reduced, even where that assistance is provided by a family member.
The principle of full compensation
Full compensation is a fundamental principle of French civil law which seeks to make good the entire loss suffered by a victim, so that the victim neither loses out nor profits. Where third-party assistance is concerned, this principle means that the compensation must cover all of the victim’s needs, including paid holidays and public holidays, even if the assistance is provided by a relative. The French Court of Cassation (Cour de cassation) restated this principle in a ruling of 17 October 2024 and set aside a Court of Appeal decision that had failed to take these elements into account when assessing the compensation.
Case law that protects victims’ rights
In the case at hand, an employee who had been the victim of an accident sought additional compensation after the accident was found to be due to the company’s inexcusable fault (faute inexcusable). The Court of Appeal had initially refused to take certain elements of the compensation into account, on the grounds that the assistance was provided by a relative. However, the Court of Cassation overturned that decision, stressing that compensation must be full, in accordance with Article L. 452-3 of the French Social Security Code.
The implications for families
This ruling by the Court of Cassation has significant implications for families who care for relatives injured in accidents. It reaffirms that care provided by family members must not be undervalued and that victims’ right to full compensation is protected by law. The decision ensures that families are not financially penalised for the support they provide, thereby guaranteeing fair redress for the harm suffered.
In conclusion, this ruling highlights the importance of the principle of full compensation in French civil law, ensuring that accident victims receive full compensation even when assistance is provided by a member of their family.