Valuing a personal injury case means turning a medical expert report into a claim for compensation head by head, backed by case law. The method follows four steps: read the report, break the damages down according to the Dintilhac classification, value each head, then summarise everything on a schedule. This guide connects the key concepts and links to the detailed articles.
Everything, in principle, starts from the expert report, which sets out the medical findings: the date of consolidation, the permanent functional deficit rating, the durations of temporary deficit, the level of suffering endured, the aesthetic damage. These figures are the raw material of the valuation. The lawyer does not determine them; they translate them into quantified claims, which the court remains free to assess (art. 246 of the Code of Civil Procedure).
Two points call for particular care: third-party assistance, a heavy head that payers regularly dispute (the Court of Cassation has held that the award cannot be reduced where the care is provided by family, Civ. 2, 24 Sept. 2020, no. 19-21.317), and the date of consolidation, which marks the boundary between temporary and permanent damages. Note: third-party assistance in the Dintilhac sense refers to the permanent head, while human help before consolidation falls under miscellaneous expenses. Whatever is not recorded in the report is harder to value afterwards; remedies exist (written submissions to the expert, art. 276 CPC; an additional assessment, art. 245 CPC; a fresh assessment in the event of worsening), but the best moment to document remains the assessment itself.
Each element of the report attaches to a head of the Dintilhac classification, which distinguishes pecuniary from non-pecuniary damages, and temporary from permanent ones. This breakdown ensures that no compensable head is overlooked.
On the pecuniary side are healthcare expenses, miscellaneous expenses, third-party assistance, current and future loss of professional earnings and the impact on career. On the non-pecuniary side: the temporary and permanent functional deficit, suffering endured, aesthetic damage (temporary and permanent), loss of amenity and sexual damage. A head that is not claimed is not compensated: the court rules only on what is sought (art. 5 CPC) and, while it may re-characterise a mis-filed head (art. 12), it will not go looking for one you have not put forward. A systematic sweep of the classification remains the only protection against oversights.
Each head has its own calculation logic. The table below sets out the main ones.
| Head of damage | Basis of calculation |
|---|---|
| Permanent functional deficit (DFP) | rating × value per point (by age) |
| Temporary functional deficit (DFT) | duration × daily amount |
| Suffering endured | scale of 1 to 7, amount per degree |
| Loss of professional earnings | lost income, current and future |
| Healthcare expenses | costs left to be borne |
The most technical head is often the DFP: see our dedicated method for valuing the DFP.
The schedule brings together every valued head with the amount claimed for each. It is the document sent to the insurer or filed in the proceedings. A clear schedule, head by head, makes negotiation and the court's decision easier.
The strength of a schedule lies less in its total than in its traceability. When each line states the method used and links to the exhibit that supports it, the discussion takes place head by head, on the ground the lawyer has chosen. Conversely, a poorly justified lump sum is challenged as a whole, and that is often where several thousand euros are lost.
A valuation only carries weight if it is comparable to what the courts actually award. Comparing each head with decisions involving similar profiles (rating, age, situation) makes it possible to justify the amounts and anticipate the opposing position. This is what Plato, the only AI specialised in personal injury, automates: it links each head to its database of more than 84,000 quantified decisions, and every figure remains traceable back to the exhibit it comes from.
Where do you start when valuing a personal injury case?
With the medical expert report, which sets the ratings and durations. These are then broken down head by head according to the Dintilhac classification.
What is a schedule of damages?
It is the summary document listing each head of damage with the amount claimed. It serves as the basis for negotiation and for the decision.
How do you justify the amounts claimed?
By comparing them with recent decisions involving similar profiles. Quantified case law serves as the benchmark for each head.
How long does a full valuation take?
Manually, several hours per case. A vertical tool such as Plato brings this work down to a few minutes.
Do you need a specialised tool?
It is not compulsory, but a vertical tool makes valuation more reliable by breaking the heads down automatically and linking them to real decisions.