Temporary functional deficit
The non-pecuniary head of loss that compensates, until consolidation, the loss of quality of life and ordinary enjoyment of life, compensated per day according to the level of impairment set by the expert.
The temporary functional deficit corresponds to the total or partial functional incapacity the victim suffers during the traumatic illness, that is, until consolidation. It covers impairment in daily activities, deprivation of usual activities, separation from family during hospitalization, regardless of any income loss, which falls under another head. The expert divides the period into phases: total deficit during hospitalization, then partial at decreasing rates, for example 50%, 25%, 10%, as recovery progresses. Compensation is calculated by multiplying the number of days in each phase by a daily base set by the court or reference table, then by the phase rate. This head appears in almost every bodily injury file, and its simple, transparent calculation makes it one of the least disputed, except for the length of the phases.
For a victim hospitalized for 20 days in 2024, then impaired at 50% for 60 days and at 25% for 90 days, a base of 30 euros a day, used here for illustration, gives 600 + 900 + 675 euros, that is 2,175 euros of temporary functional deficit.
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