The compensation of victims, whether it is compensation for road accidents and assaults or, more generally, compensation for all bodily injuries, it always results from the implementation of an amicable or legal procedure. It is therefore essential, for the compensation of a bodily injury and to allow better assistance to the victims; that they be assisted by a lawyer specialized in personal injury trial, holding a master’s degree in it.
Although the principles of compensation are the same everywhere, studies of the files of compensated victims reveal significant disparities in compensation. The one obtained in an amicable settlement between the insurer and the victim is often lower than that set by the courts.
You can learn more about defending your interests and obtaining correct compensation. We strongly value the assistance of a specialized lawyer to defend your interests as a victim of a significant bodily injury, which conditions in particular your personal and/or professional life, your autonomy, your lifestyle, your dignity and safety.
Table of Contents
What you should expect in a personal injury trial?
1- Building a solid forensic case file
Get help from a medical advisor who specializes in victim assistance, without any ties to insurers. On the other hand, refuse the free services of doctors designated by your insurance company as part of your legal protection. Acting, in turn, on behalf of the insurer and its clients, these practitioners have little incentive to fight for your case. As soon as the accident is likely to have consequences in your private or professional life, the assistance of a lawyer is also strongly recommended.
2- Preparing your medical expertise
Keep in mind that the doctor who performs the expertise is commissioned and paid by the insurer of the opposing party, and therefore has little interest in maximizing your damages. It is therefore better to go there accompanied by an independent medical advisor, or even a lawyer. If your medical advisor and the insurer’s medical advisor cannot reach an agreement, a third doctor may be called in. This one is appointed either by mutual agreement or by a summary judgment of the district court, which will decide.
3- Negotiate the amount of compensation
Check whether all the damages have been taken into account and, if there is no compensation grid, negotiate the amounts point by point. Usually, a simple challenge is enough for the insurer to revise its offer upwards. However, this does not mean that the proposal will be satisfactory, hence the interest of being advised by a specialized lawyer. Finally, don’t sign a transaction lightly. Once the cooling-off period is over, it will be very difficult to reconsider.
4- Find out your life project
Under no circumstances must the victim justify a life project in order to obtain compensation. The victim is free to have the life project of his or her choice, to change it whenever he or she wishes, or even not to have one, this is a matter of a private life.
There is much talk about the notion of the victim’s life project, but care must be taken to ensure that it does not artificially delay the consolidation of the injuries and actually allow the adjusters, insurance companies and funds to delay the settlement of compensation, one cannot have a real life project without money to realize it.
5- Mastering the principle of full compensation for bodily injury
The principle of full compensation for bodily injury does not compromise the activity of insurance companies who complain about the increase in compensation obtained by victims.
The compensation procedure can be carried out amicably or judicially, however it is in the interest of the victim to be defended by a specialized lawyer and to be assisted by a victim’s medical advisor.
Full reparation is a fundamental principle that must be constantly defended.
If necessary, a protective measure (judicial safeguard, guardianship or tutorship) that guarantees the victim’s rights should not be skipped.
Compensation for bodily injury is a specific right that is implemented by specialized lawyers who collaborate with victims’ medical advisors.
Neither lawyer nor doctor is improvised. One cannot make fair decisions when one is unaware of one’s rights.
For the victims of a medium or big handicap, this reparation is essential; it concerns their dignity, their security and their future.