Damage is defined in law as damage suffered by a person in his body, his property, his feelings or his honor. Depending on the damage suffered, the damage comes in different types, among which is bodily injury.
Bodily injury means harm to a person’s health or physical or mental integrity. This impairment can manifest itself by illness, injury, infirmity, etc. There comes the service provided by personal injury attorneys.
The compensation procedure
Regardless of the harm suffered, the victim can claim compensation. The purpose of this is to repair the damage suffered by the victim (financial loss, loss of mobility, moral penalty, etc.). There are several compensation plans that depend on the circumstances of the bodily injury or the assault:
Common law compensation
Compensation under ordinary law is determined according to the rules applied in France by the courts with regard to compensation for bodily injury. The damage is generally fixed by a medical expert who will also determine the rate of permanent disability.
In this procedure, the court selects a certain number of compensation items: the pretium doloris (compensation for permanent and non-permanent suffering), non-pecuniary damage, aesthetic damage, etc. Each item is assessed financially taking into account the personal situation of the victim, his age, the consequences of the accident on his professional and private life.
Contractual compensation
Unlike ordinary law compensation, which is extended to all damages, contractual compensation is made in accordance with the provisions of the insurance contract. The compensation received will therefore depend on the guarantees subscribed.
It should be noted that certain bodily insurance contracts refer to ordinary law. The insurer indicates in its contract that its insured would be compensated according to the common law regime.
Some advice to defend your interests and obtain correct compensation
Although the principles of compensation are the same everywhere, studies of the files of victims compensated reveal significant disparities in matters of compensation. The compensation obtained in the context of an amicable settlement between the insurer and the victim is often lower than that fixed by the courts.
During the medical examination, do not forget to communicate all the damage of which you were the victim.
During the damage assessment examination by your insurer, call on a doctor (preferably a specialist in legal compensation for bodily injury) and a lawyer specializing in the defense of victims of bodily injury. With the help of your doctor and your lawyer, proceed with the constitution of your medico-legal file by gathering all the necessary documents demonstrating the responsibility of a third party in your accident: amicable report, minutes, documents establishing the existence and extent of your injuries.
- Finally, negotiate point by point the compensation offered. Indeed, the simple fact of rejecting the first proposal generally leads to an offer revised upwards.
If you would like more legal information on the subject, you can make an appointment with one of our personal injury lawyers.
