Unfortunately, anyone can, at some point, be the victim of a physical or mental injury as a result of an accident or an assault. This damage can result from violence by an aggressor, but also from a road accident, an accident at work, a medical accident or a simple accident of life.
Concerning the safety and integrity of the person itself, personal injury law is a fundamental right of our society. As complex as it may seem to the victims, in order to legitimize a fair compensation for the damages suffered, it is necessary to seek assistance.
Thus, the application of personal injury law allows the victim and his or her relatives to obtain compensation for any bodily and moral injury resulting from a harmful event.
From a legal point of view, the law of personal injury encompasses various fields: insurance law, civil liability law, health law, social security law, social law, administrative law, criminal law…
This heterogeneity of legal regimes is part of the daily life of victims’ lawyers, forcing them to move from one regime to another depending on the nature of the cases submitted.
In addition to the legal skills and values essential to the legal profession, this area of law requires a necessary understanding of forensic terms. It also requires the lawyer to have specific technical knowledge to qualify and evaluate in monetary terms the various damages that will have been found and evaluated by medical experts.
Thus, if each personal injury compensation case requires a medical assessment of the victim’s injuries (medical expertise), it also requires an expertise of a legal technician to determine the applicable law, the remedies most suitable to the situation in the case, which will allow the best possible compensation.
Indeed, it is possible to set up different compensation schemes, based on contractual guarantees (e.g. with a “lifetime guarantee” in the context of life accidents, or with a “driver’s guarantee” for the driver responsible for his road accident), or by the specific scheme applicable to the incident that caused the accident (e.g. : under the so-called “Badinter” law of 5 July 1985 for victims of road accidents other than at-fault drivers, under the “Kouchner” law of 4 March 2002 on medical accidents, etc.)
Each case must be examined in depth and individually to arrive at a case-by-case assessment enabling the victim to obtain full compensation for the harm suffered, but also, in some cases, for the harm suffered by close relatives (so-called “ricochet” victims) or by their heirs in the event of death.
The expertise of a lawyer who devotes his activity exclusively to the compensation of personal injury and to the service of victims of accidents or assaults experienced in the practice of compensation, guarantees victims and their relatives appropriate assistance throughout the compensation procedure.
The accompaniment of the victim is essential for the constitution of the file, especially during the medical examination. The latter will indeed be decisive in determining the amount of compensation for the personal injury suffered. The assistance of a lawyer will ensure that the victim takes into account all his suffering and grievances to allow for fair compensation. It will also check all the prejudices for the future, allowing him to live with dignity. This will include the best possible compensation for loss of income, but also for the loss of autonomy of the victims.
This assistance is necessary in the context of any legal proceedings, but also when it is initiated out of court by an insurer who is perfectly familiar with the compensation mechanisms to the detriment of the victim and who is often not informed of the case. This avoids the “double victim” the first time in an accident and the second time by a bad compensation transaction.