Personal injury or bodily injury defined physical abuses that affect victims of accidents of all kinds.
Repair of personal injury and techniques to meet two major principles of the law of civil liability:
full compensation, that is to say, the law tends to want to put the victim in the situation where it was before the onset of his practice accident.En, this desire is obviously impossible since the victim was affected in body and still achieve said irreversible sequelae.
The prohibition of double recovery, in other words it compensates the damage, while the damage but nothing that injury.
Besides the recognition of its status and its quality, the victim of a personal injury raises the key question of how his injury will be considered and evaluated.
I / THE DETERMINATION OF INJURY.
The importance of the initial certificate description injury and accident records
Appearing as trivial, this certificate is actually very important, in fact, it can give an important overview of the injuries sustained by the victim and make a pre-acknowledgment of the importance of the latter.
It allows to demonstrate that the effects of which the victim suffers when applying to justice have a causal connection with the event (the accident).
Regarding the accident Minutes set by the police when they are called upon to intervene, they can provide important information on the causes and circumstances due to the damage that the latter is an accident or offense.
Obviously, the absence of initial certificate or Minutes, do not prevent compensation for damage.
A / The appointment of the expert-legal and the allocation of a provision.
Compensation for personal injury can not be envisaged without the intervention of doctors and medical experts mainly specialized in the repair of body préudice, the appointment of a legal expert, independent of the parties is particularly important where the friendly procedures Compensation could not succeed.
There is a law called the emergency procedure, the interim proceedings.
This specific procedure allows not only to obtain the designation of a legal expert on the list of experts at the Court of Appeal of the Court seized of the spring, but also the allocation of a provisional allowance, known on account compensation for bodily injury.
This compensation is assessed taking into account mainly the health status of the victim, but also his personal situation (pain and suffering, hospital stays, serious handicap etc etc).
When allocated by the magistrate will then be deducted from her total compensation paid to the victim by mutual agreement or by the courts.
In practice, the lawyer seized by the victim writes a summons to appear before the judge at the Court of competent Grande Instance, a hearing date is already fixed.
This summons is issued to the head at his insurance company (if provided) and social organizations denounced the side benefits related to the accident (CPAM, mutual etc.).
This assignment is seeking the appointment of a court expert, and official ordered to pay the victim a provision on account of compensation for its losses.
At the coming of the hearing, the judge will issue an interim Order, appointing the expert-judicial and possibly allocating a provision to victims and establishing a provision on account of the remuneration of the court expert.
2 / The quantification of damages
That were located in a friendly setting or in a litigation context, the responsible and who is liable to pay compensation (most commonly the insurance company), appoint a medical expert to examine the victim and set the existence of these harms on an accepted nomenclature, known DINTHILLAC nomenclature behalf of the Committee had proposed that nomenclature.
The victim may be assisted by an expert doctor, it is very strongly recommended the intervention of such a professional in order to best defend its interests.
The victim will be reviewed by the college of physicians (expert legal, company expert and expert staff) if the consequences suffered by the latter are considered non-upgradeable, it will be consolidated and damages will be determined according to the nomenclature DINTHILLAC .
This nomenclature is as follows:
1) Economic Injury
- a) temporary heritage Damages (before consolidation):
_ Current Health expenditure
_ Miscellaneous costs
_ Loss of current professional gains
- b) permanent heritage Damages (after consolidation):
_ Future Health expenditure
_ Housing costs adapted
_ Costs adapted vehicle
_ Assistance by third person
_ Future professional earnings losses
_ Professional Impact
_ School Prejudice, university or training
2) non-pecuniary Damages
- a) Damages temporary non-pecuniary (before consolidation):
_ Temporary functional deficit
_ Sufferings endured
_ Temporary Cosmetic Damage
- b) Damages permanent non-pecuniary (after consolidation):
_ Permanent functional deficit
_ Damage Accreditation
_ Permanent Cosmetic Damage
_ Sexual Harm
_ Damage to property
_ Injury exceptional permanent
- c) Damages scalable non-pecuniary (excluding consolidation):
_ Injury linked to changing conditions
II / COMPENSATION FOR DAMAGES
Once consolidated the victim, the insurance company or the person liable to pay compensation will make a proposal for compensation in the light of established prejudices and supporting data by the victim.
Normally the insurance company or the person has no time limit imposed to formulate a proposal for compensation.
However, it should know that under the Badinter Act, the insurance company required to repair the injury within 8 months after the accident, it may be provisional in the absence of consolidation the victim and five months from the date on which the insurer was informed of the consolidation of the victim.
The penalty for disrespect of the deadline is the doubling of interest, ie the insurance company may be ordered to pay the victim compensation increased twice the legal interest.
The proposal made by the insurance company must take into account not only the injuries suffered by the victim but also of the claim social organizations who intervened.
Indeed, the prohibition of double recovery that all sums paid by social organizations is taken into account in the calculation of the injury and then deducted from the amount paid to the victim.
Since the Law of 21 December 2006, the use of social organizations referred to in Article L376-1 of the Social Security Code is carried out item by item.
This reform aims to improve the situation of the victim, to the extent that the sorganismes remedies can not exercise their remedies on compensation positions in which they intervened.
Thus, the permanent functional deficit is partly preserved the use of social security.