Pain and suffering (endured suffering)
The temporary non-pecuniary head of loss that compensates the physical and mental pain suffered by the victim until consolidation, rated by the expert on a scale of one to seven.
Pain and suffering compensate everything the victim has suffered from the injuries and treatment, from the accident until consolidation: physical pain, surgery, rehabilitation, but also anxiety and emotional distress linked to the accident and its aftermath. The medical expert rates them on a scale of one to seven, from very slight to very severe, considering the nature of the injuries, the number of operations, the length of hospitalization and the care received. The court or insurer converts this rating into money using indicative reference tables, the value rising steeply with the rating. After consolidation, persistent pain no longer falls under this head but under the permanent functional deficit, which avoids double compensation. For the insurer, it is a modest item in minor claims but significant in serious ones, and its rating is one of the points debated in counter-assessment.
A cyclist hit in 2023, operated on twice and hospitalized for three weeks, has pain and suffering rated 4 out of 7 by the expert; the rating of 2 used for a simple sprain would have opened an award several times lower.
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