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...

The medical file: a few rules

Personal injury law

The medical file: a few rules The medical file is essential to understanding your situation. It must include a set of documents such as examination results, consultation, operation, exploration or hospitalisation reports, treatment protocols and prescriptions,...

Case law: the judge’s interpretation of the expert opinion

Personal injury law, Personal injury law

Case law: the judge’s interpretation of the expert report The expert’s report is a central element in litigation relating to compensation for personal injury. It is used to demonstrate liability and forms the basis of the costing. However, it is sometimes...

Case law update for civil actions concerning acts of terrorism

Personal injury law

Case law update for civil actions concerning acts of terrorism In four rulings, the Criminal Division has clarified its case law on civil actions relating to terrorism. Cass. crim., 15 February 2022, 4 rulings, no. 21-80.264 // no. 21-80.265 // no. 21-80.670 // no....