Bodily injury or bodily injury is the attack on the physical or psychological integrity of the person. A person who is the victim of an accident or an attack has had consequences on his physical and psychological integrity is entitled to ask the person responsible for his damage for full compensation and can go for accident lawsuits. The law of bodily injury has several facets that obey different regimes.
In particular:
– Traffic accidents are governed by law, which favors non-driving victims (pedestrians or passengers).
– The damage caused following voluntary or involuntary violence can be compensated by the criminal courts if the victim constitutes a civil party. The victim may, under certain conditions, benefit from compensation even when the author of the offense is insolvent or unidentified by seizing the Commission for the compensation of victims of offenses.
– Accidents in life (fall from skis or horses, domestic accidents, etc.) can be covered by insurance, particularly when they are caused by third parties or by property or installations under their responsibility.
– Bodily injury caused by the Administration (State, local authorities, etc.) is compensated according to the rules of administrative liability.
– Work-related or commuting accidents have specific compensation rules and come under the jurisdiction of a specific division of the court of law, the social division.
What Is The Role Of The Personal Injury Lawyer?
- The Role Of The Lawyer In The Amicable Phase
The lawyer like personal injury and criminal defense lawyer for example can intervene to help his client put together a solid file for an amicable procedure before the Conciliation and Compensation Commission for medical accidents, for example. The assistance of a lawyer is also very important during negotiations with insurers. Only a lawyer trained in bodily injury and knowledgeable of the case law in this area will be able to identify whether the proposals made by the insurance are too weak (which is often the case) or can, on the contrary, be accepted.
- The Role Of The Lawyer In The Litigation Phase
If an agreement cannot be found with the person responsible and his insurer, it may be necessary to take legal action.
It is therefore essential to appoint a lawyer practicing in personal injury law who masters the medical and legal vocabulary specific to this matter as well as the applicable rules of law. Personal injury lawyers are versatile and can assist their clients before the various competent courts (compensation commission for crime victims, social center of the judicial court, correctional court, assize court) as well as before the court of appeal.