Edith Bryant July 31, 2020

The specialized lawyer must help the victim to make the choice between setting up an amicable (settlement) or judicial (trial) procedure. This will often result in the establishment of an amicable or legal medical or technical expertise. The establishment of an amicable procedure in personal injury law is not always possible due to the nature of the applicable law. For example, in the context of traffic accidents, medical malpractice, domestic or sports accident, an amicable settlement of the dispute may be chosen from the start of compensation by the victim, whereas such this is not the case, for example, for the repair of an assault with the guarantee fund. From the national city car accident attorney  this is important.

The Right Aspects

Moreover, this choice of amicable or legal procedures is impossible when the right to compensation is totally contested by the insurer or the guarantee fund. The victim therefore has no other possibility than to take legal action to have their right recognized, if necessary. It is the same when this right is partially contested, the victim then having an interest, if he can, to contest the percentage of responsibility which is imputed to him, even also to contest it completely, because his compensation will be more important.

The Finer Aspects

Above all, the choice of setting up an amicable or contentious procedure depends on the specificity of the case, applicable law, case law, the court competent to settle the dispute, the extent of the bodily injury, the offer from the insurer or from the guarantee fund, from the choice of the insurer’s medical adviser or from the guarantee fund with which it may be difficult to conceive a fair assessment of bodily injury. All these components, which are decisive, can only be fully discussed with a specialist lawyer who practices daily defense of victims of bodily injury and who is assisted by medical advisers from victims.

Finally, the establishment of an amicable procedure, which results in a transaction and not in the establishment of a lawsuit, is often presented as simpler, faster, which is not always accurate. It is preferable to opt for the procedure that best repairs the victim because, once the repair is final, there is no going back. This aspect is essential because, badly repaired, the victim will live all his life with bad compensation, and by that he will be doubly victim.

It should also be remembered that to compensate a bodily accident resulting in particular from a traffic accident, a violation, a medical error, a sporting or domestic accident in particular, there are two phases, one being the medical assessment of the patient. bodily injury during the medical examination, and the other the discussion of the applicable law and the compensation assessment of said damage. In the first phase, the specialist lawyer and the medical consultant for victims must work together; in the second phase, only the lawyer is present and defends his client.