We have reviewed almost 5,000 transactions and court decisions over the past two years. The observation is edifying: out of court, insurers systematically reduce compensation for personal injury by 20 to 30%! Here is the procedure to follow to avoid the traps of insurers and benefit from the best possible compensation.
Traffic accident, assault on the street, medical error, dog bite
The causes of bodily harm are many, but the principle remains the same. If the liability of a third party is engaged, any victim of an injury must benefit from “full compensation” for the damage suffered (so-called ordinary law compensation). It is not only the note of the hospital stay and the possible loss of income following a work stoppage, but also the suffering endured, the impossibility of practicing a sporting activity, even help at home made necessary until the end of his days. In short, all of the direct consequences of the accident must be subject to financial compensation.
In most compensation files, it is the civil liability insurance – included in all home and car contracts – of the person who caused the accident to settle the bill. For insurers, the sums at stake are colossal: more than 6 billion euros are thus paid each year to some 250,000 victims of bodily injury. So do not count on them to spontaneously maximize compensation: the amounts offered out of court often prove to be insufficient, much lower, in any case, than the victims regularly obtain in court. However, it is possible to be properly compensated out of court, provided that you are assisted in your efforts without excluding, if necessary, legal action. Here are the steps to follow. The use for the dui attorneys come up to be essential there.
Build a medico-legal file
Many victims find it difficult to admit it: a simple fault on their part can reduce or even cancel the right to compensation. This is why drivers who have suffered a road accident must absolutely recover the report drawn up by the police or the gendarmerie, by claiming it from their insurer (the latter receives it automatically within 4 months of the accident).
This document is decisive since it will allow insurers to determine the circumstances in which the accident occurred, and to deduce the responsibilities. A driver who is 50% responsible, for example, will only receive half the amount of compensation for his damage. The minutes will be useful for you to challenge the insurer’s decision. Conversely, pedestrians, cyclists and passengers are much better protected: unless the driver can demonstrate that they are guilty of an inexcusable “fault” (or of a voluntary act, such as a suicide attempt), they will always be compensated.