Permanent cosmetic damage (préjudice esthétique permanent, "PEP") is assessed in two steps: the medical expert rates the alteration of appearance on a scale of 1 to 7 after the date of stabilisation (consolidation), then that rating is translated into euros from comparable case law. This head of loss compensates the permanent harm to the victim's physical appearance: scars, a limp, deformity or any visible after-effect. It has no statutory scale: two files rated at the same degree can lead to different amounts depending on the decisions used.
In the Dintilhac classification (nomenclature Dintilhac, the court-endorsed classification of heads of personal-injury loss), permanent cosmetic damage (often marked "PEP") is a permanent non-pecuniary head of loss. It compensates the lasting alteration of physical appearance following the injuries: visible scars, a changed facial feature, an amputation, a limp, anything that lastingly changes the way the victim presents themselves and is perceived.
This head is strictly personal. It is not to be confused with the permanent functional deficit (déficit fonctionnel permanent, "DFP"), which compensates the harm to functions and quality of life, nor with loss of amenity (préjudice d'agrément), which covers the deprivation of an activity. It concerns specifically how one is seen by oneself and by others. The nomenclature Dintilhac classes it among the non-pecuniary heads, that is, those that compensate a non-economic harm.
As with souffrances endurées (the pain and suffering endured up to consolidation, rated 1 to 7), the medical expert assesses permanent cosmetic damage on a seven-degree scale, from the slightest to the most severe. They describe the nature, location, extent and intensity of the alterations, then settle on a rating.
| Degree | Qualification |
|---|---|
| 1/7 | Very slight |
| 2/7 | Slight |
| 3/7 | Moderate |
| 4/7 | Medium |
| 5/7 | Fairly severe |
| 6/7 | Severe |
| 7/7 | Very severe |
Half-degrees (1.5/7, 2.5/7) are in common use. The lawyer does not set this degree: they value the head from the rating retained by the expert. This is why the discussion of the assessment, at the medical stage, is decisive: it drives all the valuation that follows.
The nomenclature distinguishes temporary cosmetic damage from permanent cosmetic damage. The temporary head covers the alteration of appearance between the accident and consolidation, for example the time when the victim wears an external fixator or a visible dressing, or has an extensive haematoma. The permanent head is assessed only once the condition has stabilised, on the definitive after-effects.
The two heads are assessed and compensated separately. The same victim can therefore be compensated for a severe temporary cosmetic damage during the care phase, then for permanent cosmetic damage of a different degree once consolidation is reached. Confusing the two leads to under- or overestimating the file.
In practice, the permanent rating is often lower than the temporary one, because some alterations that are very visible during care fade with healing. The reverse also happens, where the definitive after-effect stays marked. It is the condition observed at consolidation that governs the permanent head, independently of the severity observed during the temporary phase.
There is no statutory scale for cosmetic damage. Practitioners rely on indicative reference tables, notably the courts of appeal's reference tables for personal-injury compensation, but a reference table remains a range, not a rule. The amount actually awarded depends on what the courts retain on comparable ratings, taking into account aggravating factors such as the victim's age or the location of the after-effect on an exposed area.
On the published personal-injury decisions where this head is valued, two observations stand out clearly. First, the progression is not linear: one degree more, sometimes half a degree, can weigh heavily. Second, at equal degree, the spread remains wide: two files rated the same do not end at the same amount, because age, sex, the visibility of the after-effect and the context weigh heavily. These observations hold without it being possible to deduce an amount applicable to a specific file: it is the comparison with decisions actually handed down that makes it possible to set one.
A valuation is all the more solid when it rests on comparable decisions. Comparing a file with decisions on the same rating, a close age and location of the after-effect makes it possible to justify the amount claimed and to anticipate the other side's position. This is the work Plato, the only AI specialised in personal injury, automates: it links each amount to its base of more than 84,000 quantified decisions, and each figure stays traceable back to the decision it comes from. To place a specific file at a comparable rating, the tool compares with real decisions rather than delivering a grid. See also our complete guide to valuing personal injury and the method for valuing the permanent functional deficit.
What is permanent cosmetic damage?
It is the head of the nomenclature Dintilhac that compensates the definitive alteration of physical appearance after consolidation: scars, deformities, a limp, any visible and lasting after-effect. It is non-pecuniary and strictly personal.
How is permanent cosmetic damage assessed?
By the medical expert, on a scale of 1 to 7, from the slightest to the most severe, according to the nature, location and intensity of the alterations observed after consolidation. Half-degrees are in common use.
Is there a scale for cosmetic damage?
No, there is no statutory scale. Indicative reference tables propose ranges by degree, which comparable case law makes it possible to narrow on a specific case, taking into account the age and visibility of the after-effect.
What is the difference between temporary and permanent cosmetic damage?
The temporary head covers the alteration of appearance between the accident and consolidation; the permanent head concerns only the definitive after-effects, once the condition has stabilised. They are two distinct heads, assessed and compensated separately.
Are cosmetic damage and the permanent functional deficit the same thing?
No. Permanent cosmetic damage concerns the harm to appearance, whereas the permanent functional deficit compensates the harm to functions and quality of life after consolidation. The same after-effect may fall under both heads, which combine.
How much is one degree of cosmetic damage worth?
It depends heavily on the degree, the age and the location of the after-effect. The progression is not linear and the amounts are spread from one decision to another, which makes comparison with decisions handed down on a close rating indispensable to propose a reliable amount.
Can software assess permanent cosmetic damage?
A vertical tool like Plato offers an order of magnitude grounded in comparable decisions at the same rating, with each amount staying traceable back to its source. The compensation decision remains the judge's; the tool serves to argue it.