The personal injury lawyer intervenes in all phases of the criminal, medical and compensation process following a road accident, a medical error, a therapeutic hazard, a nosocomial disease.
Contrary to what some may claim, the role of the lawyer of victims of personal injury is not limited to the monetary evaluation of the damages of his client.
On the contrary, he is involved in all phases of the case:
he or she is present in all phases of the compensation process and assists his or her client throughout the compensation process, from the first meeting to the final compensation, which can only be complete when the lawyer has properly piloted and conducted the victim’s appeal.
1- The role of the lawyer in the constitution of the files
A/ Essential information about the accident and its consequences:
The lawyer will ask you for all the medical documents needed to build your case, and will ask you about the circumstances in which the injury occurred.
In order to support and complete the factual elements related by the client, the lawyer will examine the medical documents that the client has brought to him. In order to be able to examine your file as closely as possible to your injuries, the lawyer must therefore have a minimum of knowledge of your medical file (which you must obtain from the hospital or clinic) or from your treating physician.
The essential documents for the first interview are the initial arrest or certificate of injury.
2- The lawyer asks the victim about the harmful consequences of the accident.
The victim’s lawyer will draw up a list of missing documents and give it to the client. These include, but are not limited to:
- all medical certificates attesting to the victim’s current state of health compared to his or her previous state of health all work stoppages,
- invoices for expenses incurred by the client and still to be paid by him/her,
- tax notices on income before and after the accident, as well as pay slips to justify any loss of earnings,
- Report cards from previous years to prove the existence of educational damage if the victim was attending school,
- photographs to prove the aesthetic or pleasure loss,
- certificates from friends or family members to establish the existence of a loss of pleasure…
Note Fot Victims:
The lawyer’s role is therefore essential from the very first meeting, since it is he who will guide his client in gathering all the documents necessary for the medico-legal evaluation, and then for the financial evaluation of his prejudices.
This work carried out by the lawyer specialized in victims’ law is truly indispensable
The lawyer is there to guide you, to advise you on the choice of the most appropriate procedure with regard to the damages suffered.
- The lawyer will inform you of the fact that the compensation of the prejudice will be possible only as from the consolidation of his injuries
- -On the other hand, and depending on your injuries, he or she may ask for a provisional payment while waiting for an expert opinion and consolidation
- -Finally, the lawyer must inform the victim of the amount of his fees. In matters of personal injury, what is most frequently practiced is the result fee, completed by a lump sum, lawyers being forbidden to limit themselves exclusively to the result fee.
- -At the end of the interview, the lawyer has to advise and especially inform the client about the course of the procedure. This allows the client to have an overview and to better understand what awaits him in the future.
THE NECESSITY OF AN EXPERT PHYSICIAN’S INTERVENTION
The role of the medical expert:
He contributes with his expertise to relate your prejudices undergone following his examination and listed the various after-effects that you present by attributing a coefficient for each of them which can go from 1 to 7. He also takes into account the medical documents provided, in order to preserve your interests as a victim.
He establishes a pre-report communicated to the parties in order to collect their observations by writing statements before the final report is filed, which will allow all your prejudices to be taken into account and to be compensated at their fair value.
When the report is favorable to the victim and the evaluation is in accordance with the reality of the prejudice, the lawyer can rely on it to initiate an action to obtain compensation for this prejudice.
It is sometimes necessary to redo a medical expertise a few months later in order to establish the consolidation
THE LAWYER GUARANTEES THE FULL COMPENSATION OF HIS CLIENT
Preparation of the claim for compensation:
- It is the lawyer who prepares a claim for compensation on behalf of his client.
- This claim is established according to a nomenclature of personal prejudices, called the DINTILHAC nomenclature,
- Each item of damage has a precise definition and requires specific compensation that must be calculated according to the most favorable jurisprudence
. Temporary economic damages (before consolidation)
- Current health expenses.
- Miscellaneous expenses.
- Loss of current professional earnings.
Permanent property damage (after consolidation)
- Future health expenses.
- Adapted housing expenses.
- Adapted vehicle expenses.
- Third party assistance.
- Loss of future professional earnings.
- Professional impact.
- School, university or training prejudice.
Temporary extra-patrimonial damages (before consolidation)
- Temporary functional deficit.
- Endured suffering.
- Temporary cosmetic damage.
Permanent extrapatrimonial damages (after consolidation)
- Permanent functional loss.
- Pleasure damage.
- Permanent aesthetic prejudice.
- Sexual prejudice.
- Establishment damage.
- Exceptional permanent prejudice.
Evolving extrapatrimonial prejudices (not consolidated)
- Damages related to progressive pathologies.
It is therefore essential to consult a specialized lawyer because he has specific competence in personal injury law, but also and above all he has the practice.
The practice allows the specialized lawyer to understand the victim, his pain, his needs, his life, to know how to listen to him and especially to guide and advise him for his future.
It is therefore in the interest of a victim of personal injury to be assisted as soon as possible by a lawyer, and moreover, by a lawyer specialized in personal injury law, in order to be able to assert his or her rights and thus obtain full compensation for the prejudice suffered.