Legal Blog
Personal Injury
Personal Injury
Definition of the concept of “involvement” in the compensation of traffic accidents
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...
Professional impact and loss of future income: distinction between these two notions
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...
Glyphosate Controversies
For several years controversies have arisen as to the effects of the use of weedkillers, in particular Roundup, well known to farmers and even Sunday gardeners. The increasing number of lawsuits aim to demonstrate the dangerousness of the glyphosate contained in large...
Tragic Compensation
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...
The Ghedir Affair
The Ghedir affair In 2004, a distressing incident took place in a train station in Seine et Marne, France, involving the arrest of Mr. Ghedir, a 21-year-old man at the time. During the incident, he was physically abused by SNCF agents and police. Officers suspected...
The Aix-en-Provence Court of Appeal sanctions a doctor for medical negligence
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...
Financial assessment: translating the cost of pain into compensation
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...
Serious injuries and professional impact: a case study
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
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...
Personal injury: the pianist’s case
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
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...
Liability of Eurovia: verdict of the Court of Appeal on occupational skin cancers
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...
Insecurity of teachers: an administrative court condemns the State
An administrative court condemns the State to compensate teachers for moral damage In a series of judgments on July 13, 2012, the Administrative Court of Melun rendered a significant judgment, holding the State responsible for compensating several teachers for...
Recognition of the severity of the disability: impact and compensation
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...
I am the victim of a misdiagnosis
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...
The Court of Cassation recognizes the moral prejudice of legal persons
For the first time, the Court of Cassation explicitly recognizes that a company – but the solution certainly applies to all legal persons – can invoke moral damage. Com. May 15, 2012, F-P+B, n° 11-10.278 That a company – and, in general, any legal person – can suffer...
Can I choose my hospital?
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...
Victims’ associations and their essential character
CONDITIONS TO BE FULFILLED. The creation of an association of victims is possible when a certain number of people have together suffered the same damage. It is then necessary to deposit statutes, to choose a president, to be equipped with an office which will act on...
Road accident and bodily injury
In the event of a road accident , what happens if the person absconds, is uninsured or insolvent? And how can I assert my rights with the insurance? How can I claim my rights? The simplest way is to request the intervention of the police and the gendarmerie, the...
Ski accident: What liability?
Winter sports are very accident prone . How areresponsibilities determined? How to get rectified? “In the event of a skiing accident, the determination of responsibility may depend on various factors. This may include assessing the actions of the skier involved, any...
How to get out of a PACS?
How to get out of a Pacs ? Can we oppose its dissolution and how can we anticipate the difficulties linked in particular to the liquidation of assets? What is the procedure ? If the two partners want to get out of a Pacs (civil solidarity pact), sending a registered...
Road accident: what are the good reflexes to have?
Crash Awareness! What are the first steps to take after an accident ? What to do in the event of a hit-and-run? If we are hurt? Security The law requires you to have signaling instruments in your vehicle, namely a fluorescent vest and a warning triangle. These...
