BODILY INJURY - DAMAGES
We assist victims of bodily injury in obtaining compensation for their losses, so that they can assert their rights, particularly when insurance companies offer compensation.
Full compensation must include all of the following items of damage:
SELARL BENOIT LEGRU advises you in seeking compensation for the harmful consequences of road traffic accidents, accidents at work, medical accidents, accidents in the private sphere, etc.
Current and future healthcare expenses
Loss of current professional earnings
Costs of adapted accommodation
The cost of an adapted vehicle
Future loss of earnings
Impact on employment
Loss of earnings at school or university
Temporary functional loss
Temporary and permanent cosmetic damage
Loss of enjoyment
prejudice to the establishment, ...
Very often, insurance companies' compensation proposals neglect certain items of loss or categorically refuse to take them into consideration.
Indeed, the courts are continually obliged to point out the accumulation of different injury items (Civ.2ème, 6 May 2021, no. 19-23.173) or the absence of any reduction in compensation for bodily injury due to the victim's pathological predisposition (Cass. 2ème civ. 19 May 2016. no. 15-18.784).
The Court of Cassation is scrupulous in upholding the principle of full compensation for the loss suffered.
While the amicable procedure used by insurance companies has the advantage of being quick, it has the disadvantage of awarding compensation that is not very favourable to victims.
The after-effects of an accident can have a considerable impact on a victim's future: loss of employment, disruption to family life, reduced physical capacity, physical and psychological suffering.
The bodily injury compensation procedure comprises two phases: an expert assessment phase and a compensation phase.
We accompany victims of bodily injury to medical expertise meetings.
Experience has shown that it is difficult for victims of bodily injury to attend an expert assessment alone.
We therefore work with the victim to prepare all the medical documents that will make up the expert assessment file.
We work in conjunction with the victim's medical advisor and ensure that the rules governing amicable or legal expertise are complied with.
The expert's conclusions are decisive when it comes to putting a figure on the various injury headings.
If an out-of-court settlement cannot be reached, a request for a legal assessment may be made to the courts.
The compensation phase
Putting a figure on compensation for bodily injury is a particularly complex and technical task, requiring the assistance of a professional with a thorough knowledge of bodily injury law.
On the basis of the expert's report, SELARL BENOIT LEGRU negotiates with the insurer.
If no agreement is reached, we assist victims in legal proceedings to obtain fair compensation for the damage suffered.
Health law covers the rules governing relations between patients and professionals in health establishments, as well as relations between professionals and health establishments and the latter's relations with health institutions.
We act in liability cases involving healthcare professionals, practitioners, public hospitals, private clinics, nursing homes, etc., whether civil, administrative, criminal or disciplinary.
We also provide training for healthcare professionals on the same issues.