The personal injury victims lawyer has several roles in the process of compensating the personal injuries of road victims involved in a traffic accident.
Above all, the victim of the road accident or his family must not let himself be guided by the insurance, whether it is his own insurance or that of the driver at fault.
Indeed, if the law imposes certain obligations on the insurers, in particular that of contacting the victim quickly to organize an expertise and to propose a provision, it must be kept in mind that the adjuster inspector (insurer) can never be the adviser of the victim at all stages.
The first role of the lawyer for victims of bodily injury is to explain to the victim all the stages of the procedure for reparation of his bodily injury (compensation), in all impartiality and independence, so as to have a clear vision of the objectives. to reach and especially when to reach them, precipitation not being recommended.
The second role of the lawyer for victims of bodily injury is to support the victims at all stages of the compensation procedure and not only in the event of litigation or litigation. Indeed, contrary to popular belief, the lawyer for victims of bodily injury will intervene both in administrative and judicial matters, but above all, in the amicable or contentious phase, and this, from the start, sometimes even when the victim of the road is still to the hospital.
It is therefore the lawyer who will be responsible for classifying a file, presenting the medical documents useful to the experts, accompanying the victim if necessary in medical expertise, negotiating each item of damage, financially evaluating then the damages and to seize in the event of litigation or failure of the negotiations, the judge or the court in order to make condemn the person in charge for the integral compensation of each item of damage.
What is bodily injury and what is bodily injury in road traffic accidents?
Bodily injury and bodily injury should not be confused .
Bodily injury corresponds to a more or less significant attack (lesion) of the body of a victim who has suffered a road accident.
This attack can affect the physical integrity of the victim but also his psychological integrity .
The damage is the consequence of this bodily injury mentioned above.
Also, the victim of the road who has suffered damage to his physical integrity and his psychological integrity following a traffic accident can seek compensation for his bodily injury, amicably or in litigation.
Classically, the jargon used in this area is compensation for bodily injury to road traffic victims .
The victim of a road accident will be subject to specific legislation: it is in fact the Badinter Law ( law n°85-677 of July 5, 1985 ) which covers traffic accidents which promote the compensation of the victim not at fault driver, passengers and pedestrians.
As soon as a land motor vehicle is involved, the Badinter Law will apply.
Thus, the quality of victim of a traffic accident can be affected:
– to a simple pedestrian struck by a land motor vehicle (car or a motorcycle),
– to the driver of a vehicle (car or motorcycle) struck by another offending vehicle ,
– to the passenger of a vehicle ( Compensation of the passenger victim of a road accident. By Michel Benezra, Lawyer. ) involved in a road accident.
And, this victim, whether a direct victim or an indirect victim (members of the family, especially in the event of severe disability Compensation for disability after a road accident. By Michel Benezra, Lawyer. or death) may request compensation for visible and invisible, economic and non-economic damage (compensatory approach to damage).
Personal injury law: a simple tool or a real weapon?
The victims of bodily injury and their representatives will have to “ fight ” against an “ adversary ” (insurance) because it is indeed a fight to obtain compensation for all damages, contrary to appearances.
” The law is the tool of the jurist but the weapon of the lawyer “.
Indeed, when it comes to repairing the damages of the victim , more or less significant sums will be paid for each of the damages assessed, negotiated or obtained by judgment.
Sometimes these sums will be very important and the objective of the insurance, (like all companies for that matter) will undoubtedly be to pay as little as possible by using all the possible stratagems and tricks.
The lawyer experienced in personal injury law knows the procedure, practices it and will use it if necessary to protect the interests of the victim.
– Some victims will not fight; They are those who trust their insurance or the insurance of the opponent. They will present themselves for medical expertise as is without being assisted by a medical advisor, will validate the damages retained and their evaluation without discussion, and finally, will accept the financial proposal by signing a truncated transactional protocol. They will realize a few years later, by reading this article for example, that the funds obtained are insufficient to meet the reality of their situation.