Disregarding the victim’s pathological predispositions when calculating compensation

Non classifié(e), Personal injury law

For a number of years, legal developments have constantly worked to significantly improve compensation for victims of personal injury. The Second Civil Chamber of the Court of Cassation ruled in this direction in a decision dated 15 February 2024 (no. 22-20.994),...

Taking into account the needs of victims who have become quadriplegic: issues and legal implications

Personal injury law

AVOCAT NICE – PERSONAL INJURY Taking into account the needs of victims who have become quadriplegic: issues and legal implications When a person becomes quadriplegic as a result of an accident or the fault of another person, the repercussions on his or her daily...

COMPENSATION FOR ESTABLISHMENT DAMAGE BEFORE CONSOLIDATION

Personal injury law

Avocat Nice – Compensation for bodily injury. COMPENSATION FOR ESTABLISHMENT DAMAGE BEFORE CONSOLIDATION Cass. 2nd civ. 25 Apr. 2024, n°22-17229, FS-B In a decision dated 25 April 2024, the 2nd Civil Chamber of the Court of Cassation recognised the existence of...

DIFFICULTY IN QUANTIFYING A LOSS DOES NOT PREVENT COMPENSATION

Personal injury law

Avocat Nice – Compensation DIFFICULTY IN QUANTIFYING A LOSS DOES NOT PREVENT COMPENSATION Cassation Crim, 4 January 2023, no 22-81.782 The Court of Cassation has reaffirmed the principle of full compensation for loss by confirming that trial judges could not...

AVOCAT NICE INDEMNISATION – Victim compensation and the non-restrictive nature of the “Dintilhac” nomenclature.

Personal injury law

AVOCAT NICE INDEMNISATION – Victim compensation and the non-restrictive nature of the “Dintilhac” nomenclature.   Cass. mixte, 25 March 2022, two judgments, no. 20-15.624 and no. 20-17.072 Do the losses of anguish due to imminent death and of...

The victim’s fault: partial or total exoneration of the tortfeasor

Personal injury law

The victim’s fault: partial or total exoneration of the tortfeasor Article 1240 of the Civil Code sets out the principle of full compensation for damages. However, article 1241 of the same code states that the victim’s fault is a cause of partial or total...