Affection loss (préjudice d'affection) compensates the emotional suffering of a victim's close relatives, whether the victim has died or survived with a disability, including any proven pathological repercussions they suffer as a result. The Dintilhac classification (nomenclature Dintilhac, the court-endorsed classification of heads of personal-injury loss) provides for it to be compensated almost automatically for the closest relatives and, on proof of a genuine emotional bond, for people with no family tie.
Préjudice d'affection is a non-pecuniary head of loss belonging to indirect victims, known as victims "par ricochet". The 2005 Dintilhac report defines it twice, depending on what happened to the direct victim (Dintilhac report, vie-publique.fr):
| Situation of the direct victim | What the head compensates according to the report |
|---|---|
| Deceased | The affection loss suffered by certain close relatives following the death, proven pathological repercussions included |
| Surviving with a disability | The non-pecuniary loss suffered by certain close relatives at the sight of the victim's pain, decline and suffering, proven pathological repercussions included |
In both cases, the report requires proven pathological repercussions to be included in préjudice d'affection. It is not the only head available to a relative whose health is affected: the criminal chamber (chambre criminelle) of the Cour de cassation upheld a court of appeal that had awarded the sister of a deceased victim, after a psychiatric expert assessment, a préjudice d'affection caused by the pathological consequences of bereavement, distinct from the harm to her mental integrity compensated as souffrances endurées (the pain and suffering endured up to consolidation, rated 1 to 7) and permanent functional deficit (déficit fonctionnel permanent, "DFP") (Cass. crim., 2 April 2019, no. 18-81.917, published in the Bulletin).
The head sits in the part of the nomenclature devoted to indirect victims, covered in our article on the nomenclature Dintilhac and its heads of damage.
The report sets two rules, identical whether the victim has died or survived:
The report does not draw up a closed list of the relatives concerned. For each claimant, the file establishes their relationship with the victim: civil status records for family ties and, for the others, the evidence showing the bond was real, which the report accepts by any means.
Where the direct victim has died, the report provides, alongside préjudice d'affection, for companionship loss (préjudice d'accompagnement). It compensates the relatives' non-pecuniary loss during the victim's traumatic illness until death, and the upheaval that this death causes to their daily way of life.
It is subject to its own conditions:
These are two separate heads of the nomenclature.
For a surviving victim, the report provides for another head: the relatives' exceptional non-pecuniary losses (préjudices extra-patrimoniaux exceptionnels), which cover in particular the change in their living conditions during the victim's survival with a disability. They require the same effective and emotional community of life with the direct victim, and the report includes in them the sexual repercussions experienced by the spouse or cohabiting partner.
The chambre mixte (a joint-chamber formation) of the Cour de cassation recognised a loss specific to relatives who learn that a person is or has been exposed to a danger liable to harm their physical integrity (Cass. ch. mixte, 25 March 2022, no. 20-17.072, published in the Bulletin).
According to the reasoning of the judgment, this loss arises between the relatives' discovery of the event and their knowledge of its outcome. It gives rise to compensation where the direct victim suffered serious harm or died as a result of the event. It is not the same as préjudice d'affection, is not attached to any other head of the victims par ricochet and is compensated on a stand-alone basis. The Court therefore upheld the court of appeal that had compensated it in addition to préjudice d'affection, finding no double compensation.
The facts of the case were those of a terrorist attack: the victim's daughter had spent four days not knowing whether her mother was alive, before learning of her death. The Court's reasoning nevertheless refers to an "individual or collective" event. For the file, it is this period that has to be established, between the relative's discovery of the event and their knowledge of its outcome.
Préjudice d'affection is not the only head available to indirect victims. The nomenclature provides for other heads, pecuniary and non-pecuniary, to be valued separately:
| Head | Deceased victim | Victim surviving with a disability |
|---|---|---|
| Funeral and burial costs | yes, on invoice | no |
| Relatives' loss of income | yes | yes |
| Relatives' miscellaneous expenses (transport, accommodation, meals) | yes | yes |
| Préjudice d'affection | yes | yes |
| Préjudice d'accompagnement | yes | no |
| Exceptional non-pecuniary losses | no | yes |
For the relatives' loss of income in the event of death, the report takes as its reference the household's annual income before the injury, taking into account the direct victim's share of self-consumption and the salary that their spouse or cohabiting partner continues to receive. The head also covers the loss of income of a relative forced to give up their job temporarily to be constantly present with the victim until death. Whether the victim has died or survived, the report rules out double compensation: if a relative is compensated for the third-party assistance (assistance par tierce personne) they provide to the victim, that compensation is deducted from their loss of income.
The nomenclature sets no amount. The valuation is done relative by relative, and the file must document for each one:
To position the claim, the lawyer can compare it with decisions handed down for relatives in a similar situation. Plato, the only AI specialised in personal injury, searches its base of more than 84,000 quantified decisions for similar decisions, lets you filter them by Dintilhac head and ties each amount to the decision it comes from: see Plato for personal injury. For the overall method, see the guide to valuing a personal-injury file.
Is préjudice d'affection reserved for the relatives of a deceased victim?
No. The Dintilhac classification also provides for it when the direct victim survives with a disability: it then compensates the relatives' non-pecuniary loss at the sight of the victim's pain, decline and suffering.
Can a person with no family tie be compensated?
According to the Dintilhac report, yes, if they establish by any means that they had a genuine emotional bond with the victim. For the closest relatives, the Dintilhac report provides for almost automatic compensation.
Does a relative's pathological grief fall under préjudice d'affection alone?
Not necessarily. The Dintilhac report includes proven pathological repercussions in préjudice d'affection. The criminal chamber upheld a court of appeal that had awarded the sister of a victim, after an expert assessment, a préjudice d'affection caused by the pathological consequences of bereavement, distinct from the harm to her mental integrity compensated as souffrances endurées and permanent functional deficit (Cass. crim., 2 April 2019, no. 18-81.917, published in the Bulletin).
What is the difference between préjudice d'affection and préjudice d'accompagnement?
In the Dintilhac classification, préjudice d'accompagnement only concerns the death of the victim. It compensates the non-pecuniary loss experienced during their traumatic illness until death, as well as the upheaval that the death causes to the relatives' way of life, and requires an effective and emotional community of life with the victim.
What is loss from waiting and anxiety (préjudice d'attente et d'inquiétude)?
It is the suffering of relatives between the discovery of an event that exposes the victim to a danger liable to harm their physical integrity and the knowledge of its outcome. The chambre mixte of the Cour de cassation recognised it as a stand-alone loss on 25 March 2022 (no. 20-17.072), where the victim suffered serious harm or died.
Does the Dintilhac classification set the amount of préjudice d'affection?
No, the Dintilhac classification sets no amount. The valuation is done relative by relative.