When to consult a lawyer Mattheva Assistance network?
As soon as possible after the occurrence of the accident, and in any event, as soon as the first difficulties relating to either the treatment of the care or the respect of your victim’s rights appear.
It should be noted here that in several countries, the setting up of a legal action (or of an amicable or transactional approach) is framed by very short deadlines, which are not always suspended by the absence of consolidation of injuries, or because the police investigation is still ongoing.
It is therefore appropriate for you as a victim or those around you to exercise extreme vigilance, and to surround yourself with the appropriate legal advice as soon as possible, in order to be certain not to allow a right to prescribe.
What role for lawyer Mattheva Assistance in the event of an accident occurring abroad?
Their role varies according to the situations.
01- Determine the judicial or amicable remedy to be implemented
In all cases, their primary role will be to determine the best remedy (s) to be implemented in order to best represent your interests. You may potentially benefit from a right of action both in France, under certain contractual or legal rights, and in the country where the damage occurred.
02- Analyze your rights according to the rules applicable in the country where the damage was suffered and those in force in France
Each country has its own legal rules This is true both with respect to the rights and obligations of everyone and the procedure to be followed in seeking the sanction of a court. For example, it may be very detrimental for an injured victim in a country other than his or her country of habitual residence to take legal action without knowing what rights it may have had in the other country.
Among the main differences that may exist from one country to another concerning the right to compensation for bodily injury are:
- Presence or absence of specific laws providing for strict liability (no fault) : Some states, like New Zealand, Quebec, and some US states have enacted compensation schemes regardless barémisés at fault.
- It is important to know the existence of these laws and to control their mechanisms in order to be able to avail themselves of the rights which result from them, but also to be able to request if necessary a compensation out of scale for the surplus, by setting up the recourse appropriate.
- Les délais de prescription varient nécessairement : 10 years from the consolidation of the damage in France ; From 1 to 4 years depending on the states in the United States; 2 to 3 years in Canada; Variable within other countries.
- The mode of proof may vary: In France, the proof is essentially in writing or attestation, almost never by testifying orally before the Court; In Anglo-Saxon countries, the evidence at trial is most often given by personal testimony before the judge.
- The role of the Lawyer is different: The Mattheva Network Counsel who cares for the injured person will have a different role depending on the country where he / she lives, since the steps necessary to assert your rights are different.
- The amounts of compensation that can be obtained vary considerably from one country to another: Between a compensation system resulting from the application of a no fault law , compensating rather poorly and often non-integrally all the victims of a given bodily injury, and the repair obtained before an American jury, can reach very large sums, especially when it includes the payment of punitive damages, each country offers victims different remedies, each with advantages and disadvantages. It is the responsibility of the Mattheva Assistance Network Counsel to give you the best advice on the most appropriate remedy.
03- Implement the rights you enjoy in France, if applicable
The fact that the accident occurred abroad does not deprive you, far from it, the possibility of asserting some of your rights in France, to obtain compensation for the damage suffered.
We will confine ourselves here to quoting the two most frequent illustrations. On the one hand, the French victim injured abroad may be compensated according to the common law assessment by submitting an application to the Commission for Compensation of Victims of Crime (CIVI).
This assumes, however, that the injuries were caused as a result of the commission of a criminal offense, even if no proceedings were taken in the country where the accident occurred. The assessment of damages will then be made according to the criteria and standards of French law. You therefore understand that before setting up a procedure before the CIVI, you or your entourage will benefit from inquiring about the rights that you will be able to have in the country where the accident occurred.
In a country like the United States for example, compensation for non-economic damages such as moral damages, suffering, functional deficits and loss of accreditation are compensated according to standards that are much higher than those currently in force. French right.
On the other hand, you as a victim may benefit from enforcing rights you have under an insurance contract. These insurance contracts can be individual or collective, and provide, for example, for provident benefits, coverage of health expenses not covered by social security, or even compensation or capital payments in the event of invalidity or disability. of deceased. Again, the need to quickly identify the contractual rights you have as a victim can not be overemphasized so that you do not face foreclosure later.
04- Vous You Referral to a Mattheva Network Lawyer practicing in the country where the damage occurred
It has been mentioned above what might be the interest for you or your entourage to take legal action in the country where the accident occurred. In many situations, this will be the only or best way to get a full and fair compensation for the harm suffered. The amount of compensation that can be obtained, and the means to implement to safeguard your interests, vary widely from one country to another.
It seems essential for you or your family to be able to ensure that the lawyer they consult can guide them when necessary to a competent lawyer practicing in the country where the damage occurred. This for two reasons. First, upstream, it will sometimes be useful or even necessary to seek advice from a lawyer specializing in personal injury law in the country in question to obtain an opinion on your rights in case of recourse implemented in the foreign country concerned.