Harm is defined in law as the damage suffered by a person in his body, property, feelings or honor. Depending on the damage suffered, the damage is divided into different types, among which is the bodily injury.
Injury refers to an impairment of the health or physical or mental integrity of a person. This attack can be manifested by an illness, an injury, an infirmity. The workers compensation options are perfectly open with the best lawyers.
The compensation procedure
Whatever the injury, the victim can claim compensation. The aim is to repair the damage suffered by the victim (financial loss, loss of mobility, moral pain, etc.).
There are several compensation plans that depend on the circumstances of the bodily injury or assault:
Common law compensation
Compensation under ordinary law is determined according to the rules applied in France by the courts in the area of compensation for bodily injury. The injury is usually determined by a medical expert who will also determine the permanent disability rate.
In this procedure, the court retains a certain number of compensation items:
- This (compensation for permanent and non-permanent suffering), non-pecuniary damage, aesthetic prejudice.
- Each position is evaluated financially taking into account the personal situation.
- The victim, his age, the consequences of the accident on his professional and private life.
Contractual indemnification
Unlike the common law compensation, which is extended to all damages, the contractual compensation is in accordance with the provisions of the insurance contract. The compensation received will therefore depend on the guarantees subscribed.
It should be noted that some insurance policies refer to common law. The insurer indicates in his contract that his insured would be compensated under the common law.
Some tips to defend your interests and get a correct compensation
Although the principles of compensation are the same everywhere, studies of the files of the victims compensated show significant disparities in compensation. Compensation obtained as part of an amicable transaction between the insurer and the victim is often less than that determined by the courts.
During the medical examination, do not forget to communicate all the damages of which you have been victim.
- When your insurer assesses the damage, call on a doctor (preferably a specialist in legal compensation for personal injury) and a lawyer who specializes in the defense of victims of bodily injury.
With the help of your doctor and your lawyer, proceed to the constitution of your forensic file by gathering all the necessary documents demonstrating the responsibility of a third party in your accident amicable report, minutes, documents establishing the existence and extent of your injuries.
Finally, negotiate the proposed benefits step by step. Indeed, the simple fact of rejecting the first proposal generally leads to an offer revised upward.
