Have you or a loved one had an accident and suffered physical, cosmetic or psychological damage? The law protects victims from bodily injury and provides for compensation cases. What is a bodily injury, how to be compensated, does one have to go to court? So many questions that your expert lawyer such as Paul Napoli can answer.
What is Bodily Injury?
Damage consists of bodily injury (injury, illness, etc.). There are several types that are subject to separate repair. The damage can be caused by physical pain, aesthetic damage or pleasure (inability to engage in leisure activities). It includes sexual harm that includes all the related harms (morphology, procreation, sexual act, etc.).
Damage to physical integrity can also lead to material or financial damage (eg a decrease in income). Moral harm may also be experienced as a result of the death of a loved one.
In the assessment of bodily injury, all consequences are taken into account.
Whatever your situation, contact a lawyer who will accompany you throughout the procedure for compensation of damages.
What are the Compensable damages?
The principle is that of the integral reparation of the prejudices undergone.
However, this principle is not easy to implement, but the result must be that the victim has a fair assessment of the damage and adequate compensation. The complexity and technical nature of the compensation mechanisms involving various paying agencies (insurance company, social security, guarantee fund, responsible person) justify the use of a lawyer, being further observed that different schemes are applicable depending on the cause of the claim. Damage (road accident, natural disaster, terrorist attack, medical accident, criminal offense …).
How am I compensated in a Road Accident?
Each is responsible for the damage caused by his negligence or imprudence. This may be the case during the occurrence of a road accident.
The reference text is the Badinter law of 5 July 1985. Its provisions are applicable to traffic accidents excluding voluntary infringements (in the case of a vehicle which deliberately collides with another vehicle), as long as a motorized land vehicle is involved. The compensation procedure that follows is excluded for accidents on railways or trams traveling on their own tracks.
The victim can be a passenger, pedestrian, cyclist or driver. The compensation of the latter will depend on his responsibility in the accident and its insurance coverage.
The victim is compensated even in case of fault of insurance of the person in charge.
Most often, an expertise is necessary and the insurer, in this case, can propose a medical consultant. It is not superfluous to consult a lawyer, if only to understand and analyze an expert report.
The liability insurer is required to make a proposal for compensation that the victim is obviously not obliged to accept. If the offer of compensation is accepted, a transaction will be signed. In case of refusal, the court may be seized.