the role of a personal injury law firm

The Role of a Personal Injury Law Firm

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The role of the personal injury law firm for victims of bodily injury is, first, to try to negotiate amicably a compensation for the damage by the author or the person responsible or his insurance; if negotiations fail, to bring legal action to obtain the conviction of the person responsible or his insurance to compensate the victim.

I. What is a personal injury?

Bodily injury is an attack on the physical or mental integrity of the person.

A person who is the victim of an accident or an assault that has had consequences on his physical and/or mental integrity is entitled to ask the person responsible for his damage for full compensation for his injury.

The law of personal injury has several facets which obey different regimes.

In particular:

  • Traffic accidents are governed by Law No. 85-677 of July 5, 1985, which is favourable to non-conductive victims (pedestrians or passengers).
  • Damage caused as a result of voluntary or involuntary violence can be compensated by the criminal courts if the victim becomes a civil party. The victim can, under certain conditions, benefit from compensation even when the offender is insolvent or unidentified by applying to the Compensation Commission for Victims of Offenses.
  • Accidents in life (falling from a ski or horse, domestic accident, etc.) can be guaranteed by insurance, in particular when they are caused by third parties or by goods or installations under their responsibility.
  • Personal injury caused by the Administration (State, local authorities, etc.) is repaired according to the rules of administrative responsibility.
  • Accidents at work or commuting know specific compensation rules and fall under the competence of a specific pole of the court, the social pole..

II. What is the role of a personal injury law firm?

A. The role of the personal injury law firm in the mutual agreement phase.?

The law firm can intervene to help its client build a solid case for an amicable procedure before the Commission.

The assistance of a law firm is also very important during negotiations with insurers. Only a law firm trained in personal injury and having knowledge of the law in this area will be able to identify if the proposals made by the insurance are too weak (which is often the case) or can, on the contrary, be accepted.

B. The role of the law firm in the litigation phase.

If an agreement cannot be reached with the person responsible and his insurer, it may be necessary to go to court.

It is therefore essential to appoint a personal injury law firm which has master the medical and legal vocabulary specific to this matter as well as the applicable legal rules.

Personal injury law firms are versatile and can assist their clients before the various competent jurisdictions (compensation commission for victims of crime, social unit of the criminal court, criminal court, assize court) as well as before the court of appeal.

C. The role of the personal injury law firm during the appraisal.

Whether in an amicable or legal framework, it is often necessary to resort to an expert.
This expert can have several purposes: To

  • assess the existence of a causal link between an accident or a medical act and the damage suffered by the victim.
  • Identify and assess what harm has been suffered by the victim. Certain prejudices such as endured suffering or cosmetic damage are evaluated on a scale of 0 to 7.

The intervention of a law firm is therefore essential because expertise is of major importance in personal injury law.

In fact, it serves as the basis for a judicial decision or for negotiation with the insurer. The judge or the insurance will, in fact, refuse to compensate for loss items that have not been accepted by the expert.

In addition, the personal injury law firm works with a network of independent medical advisers who participate in expert opinions and present scientific and medical arguments in favour of the victim.

Finally, the law firm and the medical officer attend the damage assessment phase, which is a fundamental stage in the expert report during which the victim is not present. They then defend the interests of their client so that the expert conclusions are as favourable as possible for the client.

He can also request a second opinion if the expert report does not satisfy the victim.

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