What are the deadlines for compensation after a road accident?
It depends on the stability of your health. Final compensation can only be quantified once medical consolidation is reached, i.e. when sequelae have stabilised. For minor injuries, count 6 to 18 months. For severe injuries requiring rehabilitation, 2 to 5 years is common. During this period, provisional compensation can and should be obtained on request.
What is AIPP and how is it assessed?
AIPP (Permanent Impairment of Physical and Psychological Integrity, formerly IPP) is expressed as a percentage and quantifies the lasting reduction of your physical, psycho-sensory or intellectual potential. It is assessed at the final medical expertise after consolidation, against a reference scale. AIPP is one of the pillars of the compensation calculation: a single AIPP point can represent several thousand euros depending on the victim's age.
Can I obtain provisional compensation before the procedure ends?
Yes, and it is strongly recommended to avoid being left without resources during the long expertise phase. A provisional payment request can be made to the insurer or, in case of refusal, to the summary judge. The amount granted depends on the apparent severity of the damage and the supporting documents (loss of salary, medical expenses incurred). The firm systematically requests provisional compensation as soon as the file allows.
What is the limitation period for legal action after a personal injury?
Action against an insurer in road accident matters: 10 years from consolidation (Badinter Act). Action against a third party: 10 years from consolidation (article 2226 of the Civil Code). CIVI: 3 years from the offence or 1 year from the final criminal judgment. Don't wait: the earlier the file is built, the stronger the compensation.
Can I be represented even if the insurer has already offered compensation?
Yes, it is even recommended, and the offer must be analysed before any signature. First proposals are structurally lower than what can be obtained after a contradictory medical expertise and a head-by-head valuation under the Dintilhac nomenclature. Once accepted, the file is deemed closed — any subsequent worsening becomes much harder to compensate.
What is the role of an independent medical advisor?
The victim's medical advisor is the technical counterpart to the insurer's expert. They master the Dintilhac nomenclature, the AIPP scale and judicial practice. Their presence at the contradictory expertise on average doubles the amount allocated for subjective heads (pain and suffering, aesthetic damage, loss of enjoyment). The firm works with a network of medical advisors familiar with these cases in Metz and Luxembourg.
The perpetrator of my assault is insolvent: how can I be compensated?
This is precisely what the CIVI is for (Commission for the Compensation of Crime Victims, art. 706-3 et seq. CPP). It can be referred independently of any criminal proceedings, within 3 years of the offence or 1 year of the final judgment. The CIVI may award full compensation (serious violence, rape, armed robbery) or capped (other offences). The SARVI also covers amounts already awarded by a criminal court.
For medical malpractice, should I file with the CCI or the court?
It depends on the severity of the damage and the type of facility. The amicable route before the CCI (Commission of Conciliation and Compensation, formerly CRCI) is free and fast (~12 months) — recommended for damages of a certain severity. The judicial route before the court is longer but necessary for complex cases or those rejected by the CCI. The choice is made on a case-by-case basis at the first meeting.
When is it worth having a contract reviewed by an attorney?
Ideally before signing, for any significant commitment: commercial contract, lease, acknowledgment of debt, employment contract with specific clauses (non-compete, mobility, exclusivity). A preventive review costs significantly less than subsequent litigation — and often allows negotiating a limitation of liability clause, a penalty clause or a resolutive condition that radically change the contractual balance.
How can I challenge an abusive clause in a consumer contract?
A clause is abusive when it creates a significant imbalance between the parties' rights and obligations to the consumer's detriment (article L. 212-1 Consumer Code). It may be deemed unwritten, without nullifying the entire contract. The Consumer Code's blacklist and greylist guide the analysis. The firm identifies these clauses and brings an action for removal and reimbursement of sums paid.
What if my bank breached its duty to warn?
The lending bank has a duty to warn unsophisticated borrowers when the credit presents a risk of excessive indebtedness. Breach of this duty may give rise to damages (often equal to the loss of the chance not to contract). One must prove the unsophisticated borrower status and the unsuitability of the credit. The procedure goes through banking mediation, then the judicial court.
When should I take an attorney for a contentious succession?
As soon as a disagreement arises: testamentary contestation, suspicion of estate concealment, refusal of amicable partition, disagreement on asset valuation, conflict with the notary. Judicial partition (article 840 Civil Code) requires representation by an attorney before the judicial court. The earlier the attorney intervenes, the higher the chances of an amicable resolution — judicial partition can stretch over 5 to 10 years.
My minor child is summoned before the juvenile judge: do I need an attorney?
Attorney assistance is a right and strongly recommended from the moment of summons. In child protection proceedings (art. 375 et seq. Civil Code), the procedure protects the minor without sanctioning the parents — but a poor presentation of the family project may lead to an avoidable placement. In juvenile criminal matters, the attorney is mandatory. The firm practises in Metz and Luxembourg, legal aid is granted as of right for minors.
My minor child has been heard by the police: what happens next?
It depends on their status (witness, assisted witness, suspect). If placed in police custody, attorney presence was mandatory. The prosecutor will decide on the next steps: dismissal, alternative to prosecution (warning, reparation measure), or referral to the juvenile judge. A summons before the judge usually arrives within 1 to 6 months. Preparing this hearing with an attorney is essential.
Is legal aid automatic for a minor?
Yes, in the vast majority of cases. For a minor, legal aid is granted without means testing when heard by a magistrate (juvenile judge, investigating judge) or in police custody. The procedure is simple: a Cerfa form completed in minutes. The firm assists with this and is paid directly by the State.
Can I appeal a juvenile judge's decision?
Yes. Decisions of the juvenile judge in child protection are appealable before the Special Juvenile Chamber of the Metz Court of Appeal, within 15 days of notification. The appeal has suspensive effect for placement decisions, except in emergency. Representation by an attorney is mandatory on appeal. The firm has regular practice in these appeals.
Should I speak in police custody before my attorney arrives?
No. You have the right to remain silent (art. 63-1 CPP) and this silence cannot be held against you. The rule is simple: wait for the attorney, explain the situation in confidential meeting (30 minutes guaranteed by law), then agree on the strategy together. A statement made alone, under stress, can compromise the entire subsequent defence. The firm is reachable at +33 3 87 75 26 95.
How long can police custody last?
24 hours by right, renewable once on written and reasoned authorisation of the public prosecutor (48 hours total). For complex offences (organised crime, drug trafficking, money laundering, terrorism), the duration may be extended to 96 hours, even 144 hours in terrorism matters. Any extension must be notified and reasoned. Beyond the legal time, police custody is irregular.
What are my rights during police custody?
Several rights are notified at the start: right to silence, right to attorney assistance from the first hour (30-min meeting + assistance at hearings), right to medical examination, right to inform a relative and the employer, right to an interpreter if necessary. You can also access interview reports. Any breach may render the custody and all subsequent acts null and void.
My minor child is in police custody: is attorney presence mandatory?
Yes, with no possibility of waiver — an absolute protection set by the Juvenile Criminal Justice Code. Legal aid is granted as of right. The presence of parents is also notified. The firm regularly intervenes for minor custody in Metz and its agglomeration — every hour counts, the call must be immediate.
What happens in an immediate appearance proceeding?
At the end of police custody, the prosecutor may defer you and bring the case before the criminal court the same day or within a very short time. Attorney representation is mandatory. The court can: judge immediately (with your consent), adjourn to prepare the defence (2 to 6 weeks, art. 397-1 CPP), or pronounce a safety measure (judicial supervision, pre-trial detention) pending. Responsive counsel is decisive.
What penalties can be incurred in an immediate appearance?
Immediate appearance is open for offences punished by at least 6 months' imprisonment (flagrancy) or at least 2 years (other cases, art. 395 CPP). The criminal court rules within the limits provided for the alleged offence — up to 10 years' imprisonment maximum. Penalties actually pronounced in immediate appearance are on average more severe than in classic procedure: all the more reason to actively prepare the defence.
Can I appeal a criminal conviction?
Yes. The appeal deadline is 10 days from the pronouncement (art. 498 CPP), extended to 1 month if you were absent and notification was made to the prosecutor. The appeal is judged by the Appellate Criminal Chamber of the Metz Court of Appeal, which re-examines the case in fact and in law. Note: on the defendant's appeal alone, the penalty cannot be aggravated. But if the prosecutor also appeals, it can be increased.
How can I have an entry erased from my criminal record?
Several routes exist: legal rehabilitation (automatic erasure after a variable period depending on the sentence, art. 133-13 PC), judicial rehabilitation (on request, after 3 years for a contravention, 5 years for an offence, art. 786 CPP), and early erasure on request to the prosecutor or the criminal court. The firm assesses on a case-by-case basis the most appropriate route — often a major professional issue.