Personal Injury

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 life...

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...

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 refuse to...

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 waiting and worrying...

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 exoneration...

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 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 forgotten...

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....

Compensation in kind Compensation may be in kind or equivalent in the form of damages. In non-contractual matters, reparation in kind is less obvious than in contractual matters insofar as material damage is more common than personal injury. When the time comes to...

Legal update: Compensation claims and interest Any litigant can see that when he or she takes a case to court, the justice system is overwhelmed by the number of cases it has to deal with. Also, the human resources allocated to the courts do not allow cases to be...

The jurisprudential principle of full compensation and its development In France, the principle for victims is full compensation for their loss. However, this principle has been built up gradually by case law. Cass. civ. 2, 28 October 1954, JCP, 1955 Cass. civ. 2, 16...

Failure to monitor a healthcare establishment An important obligation of a healthcare establishment is its duty of supervision. A clinic is required to take the necessary measures to ensure patient safety. "Whereas, however, by virtue of the contract for...

Liability in tort of private healthcare establishments In addition to the contractual liability of private healthcare establishments, these establishments may also be held liable in tort. In particular, in the event of a fall, they may be liable to third-party...

The doctor's contractual obligations As we saw in our article on the Mercier decision, doctors are bound by genuine contractual obligations towards their patients. In practical terms, the doctor's main obligations towards his patient include the following: - Make and...

Establishment of the doctor's liability: the "Mercier" judgment Physician liability was established in 1936 with the "Mercier" ruling. This ruling laid the foundations of contractual medical liability. "A genuine contract is formed between the doctor and his client,...

Involvement in traffic accident compensation the  importance of "involvement" in the compensation of victims of traffic accidents According to article 1 of law 85-677 of July 5, 1985 , the notion of "involvement" plays a key role in the system of compensation for...

Cour de cassation Insightful regarding compensation for bodily injury, the DAMY law firm ensures that each injury is compensated. For this, it is important to know the extent of compensable damages and their scope. Indeed, it is not uncommon for victims to be wrongly...

Tragic Compensation the Rennes administrative court has ruled that the Pontivy hospital center in Brittany must pay a sum of 290,000 euros to the family of a 41-year-old man who tragically passed away in 2010 as a result of poor treatment received at the hospital. To...

Sanction for medical negligence  On January 11, 2018, the Aix-en-Provence Court of Appeal issued a judgment sanctioning a doctor for having neglected to carry out appropriate examinations on a patient, which ultimately resulted in the patient's sterility . In response...

 The Price of Pain is also called Quantum of Pain  . Understanding Pretium Doloris: Assessing Pain and Trauma:- The Quantum Doloris is the price of the pain which corresponds to the traumatism with its procession of trying medical care, painful surgical operations and...

Cabinet DAMY Avocats came to the interests of a client exercising the profession of ship captain. The latter was driving his motorcycle when at an intersection a driver not respecting the traffic light hit him violently. Serious injuries and professional impact: a...

Record compensation for a paraplegic victim In December 2011, the Tribunal de Grande Instance of Niort ordered MACIF to pay the record sum of 7.6 million euros to a 35-year-old senior executive who became paraplegic following a head-on collision with a vehicle...

By Grégory DAMY, specialist in insurance law and victim compensation – 04.92.15.05.05.   The case of the pianist in personal injury law. A distinction should be made between damage on the one hand, which is an attack on the physical or psychological integrity of...

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...

Skin cancer at work The recent judgment of the Court of Appeal held Eurovia, a Vinci subsidiary and public works company, responsible for the unfortunate death of a worker from skin cancer. The court not only recognized the presence of an occupational disease related...

Prosthesis Liability In a recent case involving a patient, a surgeon, and a prosthesis manufacturer, the Court of Cassation has shed light on the responsibility of doctors in the fitting of defective prostheses. The court's ruling emphasizes that unless there is clear...

Recognition of the severity of the disability: impact and compensation The procedure for recognizing the seriousness of the  disability  was transferred to the Association for the management of the professional integration fund for people with disabilities by the...

Misdiagnosis, incorrectly dosed prescriptions, it may happen that you are treated poorly. Can you turn against a caregiver, a hospital or your attending physician?   How to prove it? If you suspect a misdiagnosis, you should first discuss it with your doctor. And, if...

Article L1110-8 of the Public Health Code , amended by Law No. 2016-41 of January 26, 2016 – art. 175 specifies that "The patient's right to free choice of his practitioner and his health establishment and his mode of care, on an outpatient basis or at home, in...