The law of July 5, 1985, known as the BADINTER law, is codified in Articles L211-8 et seq. Of the Insurance Code and provides in particular for compensation for bodily injury to victims of traffic accidents.
This law applies as soon as at least one land motor vehicle is involved in a road accident, whether the victim has been involved in an accident as a driver, passenger, pedestrian, on two wheels (motorcycle - biker, scooter), by car, on a scooter, as a cyclist (bicycle)...
In case of a traffic accident, the Accident Compensation Lawyer intervenes in particular to analyze the responsibilities (and therefore the right to compensation)
This may in particular be done in the light, where applicable, of the accident report (or police/gendarmerie), the accident triplicate established by the Police or the Gendarmerie, testimonies, photos of the accident, the expert report of the accident vehicle, the criminal proceedings...
When the accident suffered by the victim has its origin in a criminal offense (as is very often the case in practice), the lodging of a criminal complaint by the victim can be very useful.
In some cases, the investigation report and the criminal proceedings may be obtained more quickly through the insurer via TRANS PV, which your compensation lawyer will be sure to request from the insurance.
Your accident lawyer will also request the full intervention report from the Fire Brigade (or SDIS: Departmental Fire and Rescue Service).
Sometimes this document can be of great help in demonstrating the accountability of the after-effects of the accident. Where appropriate, this document will also demonstrate the violence of the accident.
Your accident compensation lawyer will seek the insurer of the person responsible and failing that, the competent guarantee fund (FGAO: guarantee fund for compulsory insurance: application of the principle of subsidiarity of the FGAO).
Your accident compensation lawyer will also set up a contradictory, amicable (with the insurer) or judicial medical expertise (through the expert appraisal and provision) :
- For your lawyer for bodily injury victims, it will be a question in particular of ensuring that the file of the injured person is complete and in order (medical file: fire department intervention report, initial medical certificate, hospitalization report, report operative, medical prescriptions, prescriptions, medical certificates, certificates from the physiotherapist and / or osteopath, photos, work stoppages, consolidation certificate, X-rays, scanners, MRI ... as well as - if applicable - the professional file: opinion of occupational medicine (opinion of aptitude with reservation, notice of incapacity…), need for professional retraining, MDPH or RQTH notification, job description, CV…, written complaints…).
- It will also involve providing expert support, in particular through the assistance of a medical officer for victims in order to ensure equality of arms at a crucial moment in the process of compensating the injured.
Medical expertise is indeed the key to compensating the victim and your lawyer will ensure that it takes place under the best possible conditions.
On the basis of the amicable or judicial expert report, your lawyer will finally proceed to the assessment and fair and total compensation for your bodily injury (until the amicable settlement or until the court judgment, in accordance with the most favorable case law).
Maître Jérémie ABRAM, a road accident lawyer, intervenes throughout France, both amicably and judicially (referral to the courts in the event of amicable negotiations failing).
The law of July 5, 1985, known as the BADINTER law, is codified in Articles L211-8 et seq. Of the Insurance Code and provides in particular for compensation for bodily injury to victims of traffic accidents.
Cette loi s’applique dès lors qu’au moins un véhicule terrestre à moteur est impliqué dans un accident de la route, que la victime ait été accidentée en qualité de conducteur, passager, piéton, à deux roues (moto - motard, scooter), en voiture, à trottinette, en qualité de cycliste (vélo) …
This law applies as soon as at least one land motor vehicle is involved in a road accident, whether the victim has been involved in an accident as a driver, passenger, pedestrian, on two wheels (motorcycle - biker, scooter), by car, on a scooter, as a cyclist (bicycle)...
In case of a traffic accident, the Accident Compensation Lawyer intervenes in particular to analyze the responsibilities (and therefore the right to compensation)
This may in particular be done in the light, where applicable, of the accident report (or police/gendarmerie), the accident triplicate established by the Police or the Gendarmerie, testimonies, photos of the accident, the expert report of the accident vehicle, the criminal proceedings...
When the accident suffered by the victim has its origin in a criminal offense (as is very often the case in practice), the lodging of a criminal complaint by the victim can be very useful.
In some cases, the investigation report and the criminal proceedings may be obtained more quickly through the insurer via TRANS PV, which your compensation lawyer will be sure to request from the insurance.
Your accident lawyer will also request the full intervention report from the Fire Brigade (or SDIS: Departmental Fire and Rescue Service).
Sometimes this document can be of great help in demonstrating the accountability of the after-effects of the accident. Where appropriate, this document will also demonstrate the violence of the accident.
Your accident compensation lawyer will seek the insurer of the person responsible and failing that, the competent guarantee fund (FGAO: guarantee fund for compulsory insurance: application of the principle of subsidiarity of the FGAO).
Your accident compensation lawyer will also set up a contradictory, amicable (with the insurer) or judicial medical expertise (through the expert appraisal and provision) :
- For your lawyer for bodily injury victims, it will be a question in particular of ensuring that the file of the injured person is complete and in order (medical file: fire department intervention report, initial medical certificate, hospitalization report, report operative, medical prescriptions, prescriptions, medical certificates, certificates from the physiotherapist and / or osteopath, photos, work stoppages, consolidation certificate, X-rays, scanners, MRI ... as well as - if applicable - the professional file: opinion of occupational medicine (opinion of aptitude with reservation, notice of incapacity…), need for professional retraining, MDPH or RQTH notification, job description, CV…, written complaints…).
- It will also involve providing expert support, in particular through the assistance of a medical officer for victims in order to ensure equality of arms at a crucial moment in the process of compensating the injured.
Medical expertise is indeed the key to compensating the victim and your lawyer will ensure that it takes place under the best possible conditions.
On the basis of the amicable or judicial expert report, your lawyer will finally proceed to the assessment and fair and total compensation for your bodily injury (until the amicable settlement or until the court judgment, in accordance with the most favorable case law).
Maître Jérémie ABRAM, a road accident lawyer, intervenes throughout France, both amicably and judicially (referral to the courts in the event of amicable negotiations failing).
or at 09 72 86 21 85
cabinet@avocat-abram.com
176, Boulevard Haussmann — 75008 Paris
| Tél.: | 09 72 86 21 85 |
Access
Subway:
• Miromesnil (ligne 13, 9)
Bus station:
• Haussmann - Courcelles (ligne 52, 43, 22)
Public parking:
• Saemes Parking Haussmann Berri
176, Boulevard Haussmann — 75008 Paris
| Tél.: | 09 72 86 21 85 |
cabinet@avocat-abram.com
Access
Subway:
• Miromesnil (ligne 13, 9)
Bus station:
• Haussmann - Courcelles (ligne 52, 43, 22)
Public parking:
• Saemes Parking Haussmann Berri
