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Compensation for bodily injury is at the heart of Cabinet DAMY ‘s activity .
Compensation for bodily injury The main legal texts are as follows: the law of 5 JULY 1985 on traffic accidents; the law of 3 JANUARY 1977 establishing the CIVI (compensation commission for crime victims) aimed at compensating victims of aggression; the law of 4 MARCH 2002 on faults and medical accidents . The other types of bodily injury (sports or private life accidents) are governed by the texts of the Civil Code. Whatever the bodily injury, it is imperative to entrust the defense of one’s interests to a lawyer and a specialized doctor. Both are independent of insurance companies. .
Bodily accidents: it is preferable to have the injuries recorded at the hospital, to be issued: a certificate confirming the injuries; the operating relationship with ITT; a work stoppage ; the prescription of the surgeon, physiotherapist, etc…. It is necessary to recover the x-rays, essential for the expertise. The investigation is fundamental for the victims of accidents.
Regarding the attacks, the filing of a complaint is imperative during the hearing by the police or the gendarmerie. In this matter, only one procedure is possible: referral to the CIVI.
Regarding traffic accidents, filing a complaint is not essential. Depending on the circumstances of the accident, the victims rush to file a complaint. There is no point in panicking. The criminal route is not the miracle solution. The civil way is often more effective and the transactional way is not to be excluded. .
It will be up to the lawyer and the victim to determine together the most suitable way.
The medical file: The victim, during work stoppages, compiles his medical file in order to send it to his lawyer: he keeps the originals of all medical documents as well as the originals of reimbursements from social security and mutual insurance; he reports on the evolution of his state of health; she has only one interlocutor, her lawyer, who will tell her what to do in front of social organizations, insurance companies and others… .
The medical report:-
The medical report: in matters of bodily injury, the essential document that will allow compensation out of court or in court, is none other than the report of the medical experts, whether the expertise is judicial or out of court and contradictory. The report indicates: the ITT or ITP (total or partial temporary interruption); IPP or partial permanent disability (scale from 0 to 100); suffering endured (scale of 0 to 7); disfigurement (scale of 0 to 7); sexual harm; damage to amenity; impact on career, employment; reservations about certain injuries that may be the subject of new operations, prostheses, etc. ; needs of third parties (domestic help, etc.); the need for miscellaneous and future costs (home renovation, etc.).
It is common for individuals to be seriously injured following a private accident (accidental fall, for example) or a traffic accident for which they are fully liable.
It is therefore important to take out individual accident insurance with an insurer providing for the payment of a substantial capital.