In a field as humanly and legally complex as compensation for the consequences of a personal injury, obtaining the respect of its rights rests on independent and honest professionals.
During a road accident, an assault, a medical error in particular, the victim presents damages which it intends to legitimately seek compensation. These first questions often arise to her, should we take a lawyer? If yes, which lawyer to choose to defend her rights, is a transaction preferable to a trial? Should one be assisted for medical or technical expertise? Should one defend oneself before the criminal jurisdiction or the civil jurisdiction?
The interests of the insurers are not those of his client.
The insurance companies and the Funds, by the production of the accident report, propose very quickly to the victim and his family the setting up of an amicable medical expertise and the payment of a provision. Thus, often the victim feels well accompanied and decides to defend himself alone directly with the insurance company or funds, including the Guarantee Fund , without taking the assistance of a lawyer.
This choice can be understood when the bodily harm is of minor importance, but certainly not when it is important and / or has consequences for the future of the victim. The victim misplaced by her suffering, by the upheaval of her life, overwhelmed by a new and stressful situation, thinks that she can defend herself alone especially when the insurance companies and the Funds who are great professionals reassure them about their situation and persuade them that they can fully discuss with them directly and settle this dispute amicably.
Unfortunately, the victim has a disastrous choice, she does not know the right, she has no competence to assess the progress of a medical report, she is unable to assess whether the provisions and then the indemnity offers proposes are sufficient and justified. She sails alone without compass in unknown lands. And above all, you cannot be surveyed and compensate without assistance by the one who settles the amount of compensation. The insurance companies are commercial companies and their purpose is to make profits, the funds also defend their own interests. Moreover, one cannot improvise either a lawyer or a doctor. The victim who defends himself without the assistance of a lawyer to obtain the compensation of
It should also be noted that some insurance companies are particularly difficult and even specialized lawyers often do not manage to compromise and accept transactional offers, and one wonders how victims could arrive alone, without assistance, to reach an agreement.
A lawyer, but specialized…
Victims must call on a victim’s lawyer such as Paul Napoli, particularly in personal injury law, to be fully defended. Often, the victim is part of this journey alone, and she realizes that the medical expertise does not go so well, that the provisions are not important, that the reflections that one makes him do not reassure her, that she does not understand the allowances that are offered to her, then she finally decides to call on a lawyer. The victim also wonders if they have an interest in finding a settlement agreement with an insurance company or the Guarantee Fund or if it is better to sue.
The setting up of a transaction indisputably gains time for the victim who will be more quickly compensated. However, not all transactions are acceptable, they depend on the expertise put in place and also the indemnity offers that are made, some are too low to be acceptable and it is better then to seize the Justice. It should not be forgotten either that the Courts do not all apply the same case law, the same methods of calculation and compensation, that some have specialized chambers and others do not, that some tend to allocate good compensation, others do not … Thus, when a specialized lawyer assures the defense of a victim, he chooses to
For this reason, the lawyer specializing in the defense of victims will likely prefer sometimes a transaction, sometimes a trial, taking into account also the jurisprudence of the courts that are not the same. For each case, the jurisdiction of the Tribunal depends on procedural rules that are not the same for all disputes. Some will be judged in Paris, others in Lille, Poitiers, and there, the jurisprudence will be different.
In addition, the lawyer specializing in the defense of victims knows the expert doctors of the insurance companies and the Guarantee Fund and knows that with some doctors, it is difficult or impossible to compromise and appreciate amicably. assessment of personal injury. He knows that judicial expertise can also be difficult. To each his job, and the choice of the specialized lawyer between the transaction or the trial depends on several criteria.