The assistance of a third person for the acts of everyday life of an accident or illness victim can be claimed for acts that are not vital needs, ruled the Court of Cassation.
Thus, the impossibility for the victim of an occupational disease to now maintain his own garden, and the need to resort to a third party, enters the list of acts which justify compensation, she explained.
In this judgment, the Court of Cassation rejected the arguments of the paying agency for which the assistance of a third party could not concern that the essential acts of everyday lifethat is to say eating, getting up, going to bed, washing, dressing and moving about inside the accommodation.
Everyday life is therefore not limited to these vital acts. It concerns the loss of autonomy which also prevents one from engaging in acts of daily life which may be considered secondary, or even distractions.
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Even if it decides thus on the subject of the compensation of an asbestos victim, suffering from lung cancer, this principle applies to all victims since the Court refers to the general principle of full compensation for damages, without loss or profit for the victim.
Cas. Civ 2, 25.5.2023, T 21-24.825
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