A Car wreck attorneys under what circumstances? Do I have to hire a car accident lawyer instead of just any other lawyer? Under what circumstances? When do I need to hire a car accident lawyer? An accident quickly occurred!
You cross the road on a pedestrian crossing and a car hits you and injures you.
You are driving your car and you are hit by another motorist. Contact Brad Nakase if you need to know what is seo for lawyers.
The legislator came to frame this situation legally by the adoption of the Badinter law of July 5, 1985.
This law applies when several conditions are met:
· A road accident,
· The involvement of a land motor vehicle in this accident,
· An accident occurring on traffic lanes not specific to a particular mode of transport (metro for example),
One or more personal injuries,
Compensation for the accident victim can therefore be made on the basis of this law if all these conditions are met.
The Badinter Law also presents different statuses that can be retained for victims:
Victims specially protected (for people under 16 and over 70 as well as victims who are more than 80% disabled),
Simply protected victims (all persons who do not fall into the category of specially protected victims).
The action of the victim in the occurrence of the accident, such as an inexcusable fault in the behavior adopted (for example, if a person lies down in the middle of the night in the middle of the road, is rolls over and dies as a result of his injuries, it is not possible for his heirs to obtain compensation for this damage, since the victim’s inexcusable fault, the sole cause of the accident, will be retained to remove this right to compensation).
The insurance must make you a proposal for compensation for your damages. If the accident is the cause of death of the victim, this proposal must be made to the heirs or assigns of the victim.
Things get complicated when the vehicle that struck you was not insured by its driver
The State came to establish the Guarantee Fund for Compulsory Damage Insurance (FGAO). The main objective of this Fund is to compensate victims of road accidents the perpetrator of which is not insured, not identified or even insolvent.
It is up to the victim to seize this Fund within one year after the occurrence of the road accident.
As soon as you are the victim of an accident and you have suffered bodily injury, whether you enter the nails of the Badinter Law or not, you can claim compensation.
A road lawyer can help you determine which compensation plan is applicable and how much you can claim.
In the event of a hit and run or even driving without insurance, the assistance of a criminal lawyer can also be important in order to maximize your chances of success.
He may in particular support you in order to file a complaint against the perpetrator and represent your interests before the criminal courts.
A lawyer for a road accident: when to consult him?
The earlier the better!
You are the victim of a road accident.
Beyond the physical pain you feel or your impossibility to work (total incapacity for work (ITT) for example), you wonder about the compensation that will be allocated to you.
It is particularly recommended that you consult a road traffic lawyer.
Problems may arise following this accident, for example with the perpetrator who may try to dispute his involvement in the accident, or with your insurance concerning the compensation offered to you.
The road lawyer will be your guide through the procedures that you will have to initiate.
The road lawyer can be the arbitrator you need in order to know where to direct your steps.
Good to know:
In road matters, litigation is never an imperative.
You can first try to negotiate amicably with the perpetrator, or with insurance compensation for your damage.
If the negotiations take place between the insurers directly, (insurer of the person responsible for the accident and insurer of the victim), the observation is that often the amount of compensation that will be allocated to you is much lower than that negotiated through a traffic accident lawyer.
In the event of an amicable procedure, the lawyer can first assist you in the negotiations.
The road traffic lawyer can and sometimes will also have to carry out an assessment of your damage by an expert doctor.
His assistance will prove to be convincing in order to quantify the stakes of your file, but also to represent your interests and maximize them in the negotiation.
The road lawyer is the legal professional who can also help you build your case and especially to support you in your efforts.
In the event of contentious proceedings, the court exclusively competent to hear disputes relating to road accidents is the High Court.
You will therefore need to enlist the services of a road traffic lawyer to maximize your chances of success and to optimize what you are actually entitled to.
The road lawyer will be able to represent your interests before the High Court.
Beyond its role of representation, the lawyer in road law will have an advisory role, he will be able to place the cursor of the compensation to which you are actually entitled and will be able to do everything to demonstrate that you are in your right to claim the compensation requested.
Again, the sooner you get in touch with a lawyer following the occurrence of your accident and the faster you will be advised on the procedure to follow the most suited to your particular situation.