Lawyer for compensation after a road accident

I check:

• the on-site investigation report and how fault was established;
• medical records, discharge papers and recovery recommendations;
• the forensic certificate and the number of days of medical care;
• expenses already incurred and foreseeable ones;
• lost income and the impact on working capacity;
• the MTPL policy of the vehicle at fault and the compensation limits;
• any concurrent fault that could reduce your compensation;
• the deadlines for joining as civil party;
• the insurer's offer, if already made.

Compensation can be claimed by the person directly injured, whether driver, passenger, pedestrian, cyclist or motorcyclist, provided they are not exclusively at fault for the accident.

In case of death, compensation can be claimed by the surviving spouse, children, parents and, depending on the evidence, other close persons who genuinely suffered from the loss.

Persons who bore expenses, such as hospitalisation, recovery or funeral costs, can also claim compensation.

Material damages cover quantifiable losses: treatment, medication, medical devices, transport, recovery, repair or replacement of damaged property and lost income.

Moral damages cover physical and psychological suffering, limitations in daily life, aesthetic consequences and the loss of a close person. They are not proven with receipts, but with evidence of the real impact on your life.

In practice, the amounts awarded depend on the severity of the injuries, the recovery period, the remaining consequences and how the claim is argued before the court.

Joining as civil party is done in writing or orally, stating the nature and extent of the claims, before the start of the judicial investigation. Missing that moment forces you to start a separate civil case.

The claim can later be supplemented with new documents, but the grounds and the claims must be formulated in time and correctly.

I assist you in filing the claim, in producing evidence and throughout the proceedings, including in relation to the investigated driver's defence.

Compensation is borne, within the policy limits, by the MTPL insurer of the vehicle at fault. The insurer is summoned in the criminal proceedings and is directly liable towards the injured person.

If the vehicle was uninsured, if the insurer is insolvent or if the driver remained unidentified, compensation can be claimed through the guarantee fund, under the conditions provided by law.

You can file a claim directly with the insurer, in parallel with the criminal case. The two procedures must be coordinated so that you do not limit your own claims.

A refusal or an undervaluation can be challenged before the supervisory authority, through alternative dispute resolution or in court.

Before signing any settlement, check whether the amount also covers future loss, because a signed agreement can close the discussion for good.

I review the offer received and show you the difference between what is proposed and what is commonly obtained in similar situations.

If the victim contributed to the accident, for instance by crossing unlawfully or by not wearing a seatbelt, compensation can be reduced proportionally.

The percentage of fault is not set automatically. It is debated on the basis of the technical expert report and can be challenged with concrete arguments.

• joining as civil party, before the start of the judicial investigation;
• the general 3-year limitation period for the civil compensation claim;
• the response deadlines applicable to the insurer in the claims procedure;
• the deadlines for challenging the insurer's offer or refusal.

• signing a settlement with the insurer before treatment is completed;
• lacking medical records that document the evolution and the sequelae;
• failing to join as civil party in time;
• claiming a global amount, without a breakdown per head of claim;
• waiving claims in exchange for a quick payment below the real loss.