Protect your compensation in the event of road accidents

Protect your compensation in the event of road accidents by Car crash lawyer

Protect your compensation in the event of road accidents

Have you been the victim of a road accident and are you worried about the extent of your compensation? Compensation for traffic accident victims is governed by the Law of July 5, 1985, known as the “Badinter Law”, which clearly sets a framework and deadlines for insurers. Nevertheless, the compensation procedure is often long and complex for a victim unfamiliar with the legal system. Compensation for damage, and in particular compensation for professional damage, is one of the main concerns of road accident victims. Experience teaches that nothing should be left to chance for fair compensation that will allow you to face the consequences of the accident. Maître Vincent Julé-Parade, Lawyer for road victims, gives you ten tips to preserve your compensation.

10 tips from road accident lawyers

1. Identify your quality in the accident

The law of July 5, 1985 distinguishes the victims of road accidents according to their status. Passengers, cyclists and pedestrians are protected victims whose right to compensation can only be contested by the insurer in the event of fault at the exclusive origin of their damage. Minors, the disabled and the elderly are even more protected: only the voluntary search for damage would be such as to exclude their compensation. On the other hand, the driver may, in the event of driving fault on his part, see his right to compensation reduced or excluded.

2. Carefully keep all the medical documents relating to your accident and its consequences

Medical certificates, operating and hospitalization reports, medical prescriptions, follow-up consultations, examination reports, all these elements will be essential for the evaluation of your damages during the medical expertise. You must therefore hold them (since the Kouchner law of March 4, 2002, access to your medical file is a patient’s right, you can obtain a copy), file them and keep them. Your lawyer and your medical adviser will ask you for copies. Nothing should be considered unimportant, this your Advice which will tell you which elements not to possibly communicate.

3. Contact a lawyer specializing in the defense of road accident victims to obtain an initial analysis of your case

Compensation for your bodily injury is above all a legal matter. The procedure is long, complex and may contain certain pitfalls that are difficult to grasp on your own. A lawyer specializing in this area will be a great ally. Check that he only works for the victims and that he does not intervene for any insurance company. Above all, choose a Lawyer who will be able to meet your expectations and whom you feel you can trust, both technically and humanely. Remember that the procedure is long and your relationship will have to be made to last for some time.

4. Do not accept any medical expertise put in place by the insurer without the assistance of a medical adviser working exclusively for the victims

It is essential to quickly set up a first medical expertise in order to establish a first provisional picture of the sequelae state and to be able to use it to release the necessary provisions. It is rare for the first expert report to note the consolidation of the victim, consolidation should not be confused with healing but being the moment at which the sequelae state can be considered as stabilized on the medical level. It is essential that you be able to be assisted by a medical adviser whose independence vis-à-vis the insurance companies and the required competence are an absolute necessity. Your lawyer, if he is a specialist in these matters, will be able to suggest one or more medical advisors.

5. If your right to compensation is disputed, have the investigation report analyzed by a lawyer specializing in the defense of road accident victims

The report will be the centerpiece of your compensation. This is a long and complex document to analyze, grouping together the statements of findings, the hearings, the diagram of the premises… In the event of dispute of your right to compensation, it is on this document that the judge will rely set respective responsibilities. It is up to your insurer to communicate to you the report that he will have. Do not hesitate, in case of reluctance of your insurer on the entirety of your right to compensation, to show this report to a specialist lawyer.

6. Do not minimize your damage during medical expertise

You are endowed with a fierce will and you strive to recover as much as possible. It honors you. Nevertheless, keep an objective look at your limitations and the consequences of the accident. Do not keep silent about the difficulties of everyday life that you certainly bring up, but at what cost! Do not keep silent either about the moral and psychological consequences that you endure. Obtaining fair compensation also means accepting the consequences of the accident. Follow the advice of your lawyer and your medical adviser, whose mission will also be to prepare you for the medical expertise.

7. Collect as many elements as possible to demonstrate the existence of your damages

Each of your damages will have to be proven. It is for this reason that it is essential to collect and keep as many elements as possible in this regard. Whether it’s your professional damage, the need you had to call on a third party, or the impossibility for you to resume the sport you practiced before (prejudice of pleasure), group together CV, employment contract, marks sheet, certificates, photos, etc. All of these elements are valuable for the fairest compensation for your damages.

8. Do not accept too early a consolidation and ensure that the consolidation report is perfectly complete

Consolidation is a medical-legal term that means your condition is not likely to improve. From then on, your consequences are considered definitive and can be compensated. It is therefore understood that before the date of consolidation, there can be no definitive compensation for your damages. The date of consolidation also marks the boundary between your temporary damage and your permanent damage. The expert report must respect the nomenclature of damages as detailed later in this guide. In this list, some damages may not concern you, but it is better to check the whole list. Some experts have an unfortunate tendency to forget, for example, temporary damage.

9. Do not accept any final settlement proposal without consulting a compensation specialist

Fair compensation is compensation that is both complete (compensating all damage suffered) but also as closely as possible to current case law. However, insurers often tend, in the absence of lawyers, to reduce the amounts offered to victims of traffic accidents. This is why it will always be prudent, in case of doubt, to take advice from a lawyer specializing in the compensation of road victims, in order to ensure that the amounts proposed are indeed the height of what you could hope for. Don’t forget either that you have a withdrawal period of 15 days after signing a transaction protocol.

10. Carefully keep all of your file to facilitate compensation for any future aggravation

A compensation file is never completely closed. If you were consolidated and then compensated on the basis of the consolidation report, unfortunately it cannot be ruled out that your condition may get worse later on. It would be unfair to deny you the right to seek compensation for this aggravation provided that it is declared to be directly linked to the initial accident. It is therefore possible for you in the event of aggravation, even if it was not envisaged during the expertise initially, to request the reopening of your file. It is from the medical elements justifying the aggravation but also from the initial file that you will be allowed to request that a new expertise be put in place. A new compensation process will then begin and you will be compensated for your new damages taking into account the initial compensation.

Our Firm is here to support you

The Office of Master Vincent Julé-Paradea lawyer working alongside victims of road accidents, medical errors and bodily injury, working in Paris and throughout France, including the overseas territories (Martinique, Guadeloupe, Réunion, New Caledonia) can help you and accompany you.

Questions ? contact us and do together a first free analysis of your case.

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