French law allows accident victims to choose between two procedures to obtain compensation. Either go to court or negotiate directly with the responsible party’s insurer. The advantages and disadvantages of each procedure should be considered before making a choice.
The main advantage of the transaction (i.e., direct negotiation) is that it is much faster than the legal procedure. Indeed, it usually only takes a few months to settle the file. In addition, unlike legal proceedings, the costs (lawyer, medical expertise) are generally covered by the insurance of the person responsible.
The main disadvantage of the transaction is that it does not always allow obtaining full compensation for the damage suffered by the victim. Indeed, insurers tend to offer lower amounts to victims’ claims to limit the cost for themselves.
The main advantage of the legal procedure is that it makes it possible to obtain higher compensation than that obtained by negotiating directly with the insurer. Indeed, the judges take into account all the damage suffered by the victim (physical, moral, etc.) and can order the insurer to pay additional damages. The major disadvantage of the legal procedure is that it is long and complex. It takes between 2 and 3 years to obtain a final judgment. In addition, the victim may bear the legal costs (costs to be advanced very often).
The two procedures are not opposed. Our lawyers systematically initiate an amicable procedure. If the compensation amounts offered to you are insufficient, we suggest you initiate legal proceedings.
Bodily Injury And Moral Prejudice: Is There A Difference In The Compensation Procedure?
There are different types and classifications of harm, and it’s not always easy to navigate. Bodily injury is the consequence of an attack on the person’s physical integrity. One or more medical expert reports essentially assess it. Its consequence can be disfigurement, which includes all the damage caused to the person’s physical appearance. It can be a scar, hair loss, or a change in skin color.
Moral damage corresponds to moral suffering felt by a victim or his relatives. It can be linked to psychological trauma, a loss of self-confidence, or even post-traumatic stress. It is known to be difficult to measure. However, there are proven tools and methods for evaluating and quantifying it.
Functional damage is related to damage to the person’s physical and mental abilities. It can be a loss of autonomy, decreased intellectual faculties, or even a disability. The loss of pleasure results from the impossibility or difficulty of enjoying recreational or sporting activities “as before.”
We should also mention the suffering endured, which a doctor can quantify, and a lawyer or a judge can quantify. Let’s not forget the financial damage, essentially made up of health or adaptation expenses to carry out everyday life following the accident, band.
How do I choose a personal injury lawyer?
To be accompanied by compensation for bodily injury, it is best to choose a specialized lawyer who is used to dealing with this situation. To choose it, word of mouth is often effective. Website like grow, also allow you to find out about a lawyer’s experience and, therefore, form an opinion on his level of expertise.
Do not hesitate to ask your questions during the first exchange, on the mode of operation and the fees, for example, and to express your expectations on the support sought. Also learn about law firm marketing strategy.