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Personal Injury

Personal Injury

The medical file: a few rules

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

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

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 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

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...

Failure to monitor a healthcare establishment

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

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 contractual liability of private healthcare establishments

The contractual liability of private healthcare establishments Private healthcare establishments are bound by numerous obligations of a contractual nature. "But whereas, firstly, by virtue of the contract for hospitalisation and care binding it to its patient, a...

The doctor’s contractual obligations

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...

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...

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...

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...

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...