The Dintilhac nomenclature: every head of loss under the microscope

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What is the Dintilhac nomenclature?

Adopted in 2005 following the work of a committee chaired by Jean-Pierre Dintilhac, then President of the Second Civil Chamber of the Cour de cassation (France's supreme civil court), this nomenclature provides an exhaustive list of every loss that may be compensated in the event of bodily injury. It is today the common reference for the courts, insurers and legal practitioners.

It draws a distinction between two broad categories: préjudices patrimoniaux (economic losses, quantifiable in euros) and préjudices extra-patrimoniaux (non-economic losses, assessed on an equitable basis by the judges).

Préjudices patrimoniaux (economic losses)

Temporary (before consolidation, i.e. before the injury has stabilised)

Head of loss	What it covers
Dépenses de santé actuelles (DSA) — current health expenses	Medical, hospital and paramedical costs not reimbursed
Frais divers (FD) — miscellaneous costs	Transport, home help and childcare during the period of incapacity
Pertes de gains professionnels actuels (PGPA) — current loss of earnings	Loss of salary or income during the period of incapacity
Déficit fonctionnel temporaire (DFT) — temporary functional deficit	Impairment in everyday activities before consolidation

Permanent (after consolidation)

Head of loss	What it covers
Dépenses de santé futures (DSF) — future health expenses	Foreseeable lifelong medical costs
Frais de logement adapté (FLA) — adapted-housing costs	Works to adapt the home
Frais de véhicule adapté (FVA) — adapted-vehicle costs	Extra cost, linked to the disability, of acquiring and maintaining a vehicle
Assistance par tierce personne (ATP) — third-party care assistance	Human assistance at home, partial or full, on a permanent basis
Pertes de gains professionnels futurs (PGPF) — future loss of earnings	Loss of professional income over the entire career
Incidence professionnelle (IP) — impact on career	Downgrading, increased hardship, loss of pension entitlements
Préjudice scolaire/universitaire/de formation — loss relating to schooling, university or training	Delay in, or interruption of, an education or training path

Préjudices extra-patrimoniaux (non-economic losses)

Temporary (before consolidation)

• Souffrances endurées (SE) — pain and suffering endured: physical and mental suffering experienced from the accident until consolidation — rated on a scale of 1 to 7.
• Préjudice esthétique temporaire (PET) — temporary aesthetic damage: alteration of physical appearance during the treatment period.

Permanent (after consolidation)

• Déficit fonctionnel permanent (DFP) — permanent functional deficit: physical or psychological after-effects reducing the victim's capacities — expressed as a percentage (0 to 100%).
• Préjudice d'agrément (PA) — loss of amenity: loss of a sporting, leisure or cultural activity practised before the accident.
• Préjudice esthétique permanent (PEP) — permanent aesthetic damage: scarring, amputations, lasting alteration of appearance.
• Préjudice sexuel (PS) — sexual harm: damage to one's intimate life, fertility or sexual identity.
• Préjudice d'établissement (PE) — loss of the ability to establish a family: loss of the chance to start or grow a family.
• Préjudices permanents exceptionnels (PPE) — exceptional permanent losses: particular situations not covered by the preceding heads of loss.

Evolving loss

• Préjudice lié à une pathologie évolutive — loss linked to a progressive condition: anxiety linked to the risk of deterioration or premature death (occupational cancer, degenerative disease, and the like).

The lawyer's role: ensuring nothing is left out

Each head of loss has its own rules of assessment and its own case-law scales. Some are regularly left out of insurers' offers — in particular third-party care assistance, the impact on career and loss of amenity — because they call for a documented argument that a victim generally cannot build on their own.

Our role is to ensure that no head of loss is left out and that each one is valued at its true measure, drawing on the latest case-law scales and on the expertise of independent medical advisers.

Official source: Rapport Dintilhac — French Ministry of Health →