Victims of road & traffic accidents • Avocat Nantes

Victims of road & traffic accidents • Avocat Nantes by Car crash lawyer

Victims of road & traffic accidents • Avocat Nantes

The accident is by definition traumatic and violent

Being the victim of a road accident weakens you psychologically and diminishes you physically. Insurance companies taking advantage of this state of shock and your loss of autonomy will not fail to try to compensate you at least.

Ill-informed, confused, shocked and isolated, victims of traffic accidents frequently accept compensation conditions that are most often indecent.

To avoid falling into the trap of discount compensation set by insurance companies, it is essential to respect and know the first legal steps to follow. Accompaniment at this stage by a lawyer is essential. traffic accident lawyer

Compensation through a settlement

The main advantage of this route is speed. But…

…please note, the compensation negotiated between insurers is often much lower than the amount of compensation that can be obtained in court. That is why the intervention of a lawyer at this stage is essential. It makes it possible to establish a different balance of power.

“A road accident is a real tsunami for families…”
Me Stéphane Cottineau, President of the League against road violence Loire-Atlantique/Vendée.
Source: “Regional surveys” of France 3 Pays de la Loire
Website : http://violenceroutiere4485.org


Legal compensation

Sometimes no acceptable agreement is possible. It is then essential to take more offensive action by seizing the competent court..

Most often, the lawyer requests the appointment of an expert doctor (also called medical advisor).
In a second step, he will seize the Court in order toobtain compensation for the damage suffered on the basis of the expert report.

Medical advisor

Whichever route is chosen, the victim will benefit from being assisted of one medical advisor who will assist him during the expert meetings.

What is a Medical Adviser?

Also called “expert doctor”, the medical advisor is asked to assess a patient’s state of health. The function of an injured doctor is therefore to assist his patient in the medico-legal procedures enabling him to obtain the best assessment of his bodily injury. If they so wish, every victim has the right to this assistance. The fact that a legal protection insurance company supports him in his steps should not be an obstacle to this request.

The medical advisor issues an objective and independent opinion.

Like all his colleagues, this professional is subject to the Code of Ethics and medical secrecy: the medical advisor remains a doctor. As his opinion is based on well-founded findings, he issues an objective and independent opinion. Finally, the appointment is made in the strictest right of the patient: protection of privacy, information on the mission, consent to the examination carried out…

To comply with all these conditions of intervention, a medical advisor cannot be either the applicant’s attending physician or any other professional he may have contacted in his personal health journey. In other words, he must imperatively not know the subject to accept the mission entrusted to him and correctly fulfill his impartial role. Read in detail the details given by theANAMEVA (National Association of Medical Advisors for Accident Victims with Bodily Injury).

⇒ Defend your rights


Victims Lawyer


Some definitions of legal terms related to victims of road or traffic accidents:

Spinal cord injuries
» The spinal cord injured are the people who most frequently experience traumatic spinal cord injury following a road accident or an attack on the lower limbs (paraplegia) or four limbs (tetraplegia) depending on the height of the spinal shock. These sensorimotor deficits are associated with other frequent respiratory, neuro-orthopedic (spasticity and osteoma), neurovegetative (low blood pressure, bradycardia, thermoregulation deficit) and cutaneous (bedsores) deficiencies.
Badinter (Law)
» Text governing the conditions of compensation for victims of traffic accidents occurring on French territory.
Functional rehabilitation center
» Health facility housing the discipline of physical medicine and rehabilitation focused on reducing the disabilities of victims and their rehabilitation. This medical discipline has a major role in the reconquest of autonomy of the wounded according to their level of physiological hindrance but also in the evaluation which is one of its natural prerogatives.
Compulsory Damage Insurance Guarantee Fund – Guarantee Fund
» The law of December 31, 1951 amended several times and in particular by the law of July 5, 1985, established a Guarantee Fund responsible, when the person responsible for the damage of an automobile accident remains unknown or is not insured, to compensate victims of damage resulting from injury to their person as a result of an accident in which a land motor vehicle is involved, as well as a semi-trailer or a trailer, excluding railways and trams.
The Guarantee Fund compensates the victims and/or the beneficiaries when the accident gives rise to the right to compensation.
Gravity (gravity factors)
» For severe head trauma, the severity factors are typically:
– The depth of the coma and its duration (see the definition of “Glasgow score” and its evolution)
– The duration of the coma
For these 2 parameters, there are always evaluation difficulties related to the sedation practiced and made necessary, which must be checked regularly to assess the clinical state.
Medical advisor
» Doctor who assists his patients during medical expertise (Compilation of the medical file, analysis of the medical file, preparation of the medical expertise, technical assistance during the medical expertise, report writing, technical notes, observations to say to expert).
His medical expertise may be requested in an amicable or legal framework. A medical consultant expert in bodily injury may be present at your side in front of the experts commissioned by a CRCI or any other jurisdiction.

Last update on: 08/24/2021

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