Skip to content
Personal injury — Luxembourg

Personal injury lawyer in Luxembourg

A crash on the A6 or A3, an assault outside a bar in the Ville-Haute, surgery at the CHL that goes wrong: when the injury occurs in the Grand-Duchy, compensation follows Luxembourg law, with its guarantee funds, insurers and courts. For a French cross-border worker, there is the added question of which country to sue in. Admitted to the Luxembourg and Metz Bars, I assist victims on both sides of the border.

Your situation


The firm handles injuries sustained in the Grand-Duchy as well as those involving a Luxembourg resident in France.

  • You were injured in a road accident in Luxembourg, as a driver, passenger, cyclist or pedestrian.
  • You are a cross-border worker and suffered a work or commuting accident for a Luxembourg employer.
  • You were assaulted in Luxembourg and the perpetrator was not identified or cannot pay.
  • You suffered a complication or an error during treatment in a hospital or clinic in the Grand-Duchy.
  • The Luxembourg insurer is offering you a lump sum and asking you to sign a release.
  • You are a Luxembourg resident and the accident happened in France.

Road accident in Luxembourg: insurer and Guarantee Fund

Luxembourg has no equivalent of the French Badinter Act: liability is assessed under general law (articles 1382 et seq. of the Luxembourg Civil Code) and the Act of 16 April 2003, which makes insurance compulsory and gives the victim a direct action against the insurer. Where the vehicle at fault is unknown, uninsured or its insurer is insolvent, the Motor Guarantee Fund covers bodily injury. Luxembourg and France are both parties to the 1971 Hague Convention on the law applicable to traffic accidents: in principle, the law of the place of the accident governs compensation, save for particular cases linked to the vehicles' registration.

A victim domiciled in France may nevertheless, under the Brussels I bis Regulation as interpreted by the Court of Justice of the EU, sue the Luxembourg insurer before the courts of their own domicile. The choice of country is made case by case, depending on the scale applied, the likely duration and the victim's situation.

Assault and violence: State compensation

The amended Act of 12 March 1984 allows the victim of an intentional offence causing bodily harm (assault, rape, violent robbery) to obtain compensation from the Luxembourg State where the perpetrator is unknown, cannot be found or is insolvent. The application is made to the Ministry of Justice and examined by a commission; it is open to persons lawfully and habitually resident in Luxembourg, to persons lawfully present at the time of the offence and to nationals of an EU or Council of Europe Member State, which covers French cross-border workers. Joining the criminal proceedings as a civil party remains, in parallel, the way to have the offender ordered to pay.

Work or commuting accident of a cross-border worker

A cross-border worker employed in Luxembourg is insured with the Accident Insurance Association (AAA), which covers treatment, benefits and, where there are lasting effects, pensions and compensation for non-material loss under a flat-rate scheme distinct from general law. Where the accident was caused by a third party (for example a commuting accident caused by another vehicle), a general-law claim against the person liable and their insurer remains possible for the uncovered part. The accident must be reported to the employer without delay; AAA decisions can be challenged before the Social Security Arbitration Council.

Medical error in the Grand-Duchy

Luxembourg has no scheme comparable to the French conciliation commissions or a fund for no-fault medical accidents. The liability of the doctor or institution is assessed under general contractual or tort law, which makes the medical expert examination decisive: access to the medical file, appointment of an expert, assistance from a victim's medical adviser. For a French resident treated in Luxembourg, or the reverse, the question of the applicable law and competent court arises again; see also the guide to medical error in France.

Assessing the injury: do not sign too soon

Luxembourg practice compensates the classic heads of personal injury (temporary and permanent incapacity, pain and suffering, disfigurement, loss of amenity, third-party assistance, loss of earnings) according to its own case-law references, without an official schedule comparable to the Dintilhac nomenclature. Insurers often propose a quick settlement before consolidation. A signed release extinguishes the right to further compensation: assistance from a lawyer and a medical adviser at the adversarial medical assessment allows every head of loss to be quantified before anything is signed.

Frequently asked questions


I live in France and was injured in an accident in Luxembourg: should I sue in Luxembourg or in France?

Both are often possible. The law governing compensation is in principle that of the place of the accident, so Luxembourg law, but the court of your French home may have jurisdiction over a direct action against the Luxembourg insurer. The choice depends on the sums at stake, the timeframe and your personal situation; it is made after reviewing the file.

The vehicle that hit me drove off: who compensates me?

The Luxembourg Motor Guarantee Fund compensates bodily injury caused by an unidentified or uninsured vehicle, provided a complaint is filed promptly. For an accident in France involving an unknown vehicle, the French FGAO steps in.

I was assaulted in Luxembourg and the attacker is unknown: can I be compensated?

Yes, subject to conditions. The Act of 12 March 1984 allows compensation from the Luxembourg State for bodily harm resulting from an intentional offence where the perpetrator is unknown or insolvent. Cross-border workers who are EU nationals are eligible. The claim is handled by the Ministry of Justice.

The insurer is offering me EUR 8,000 and a release to sign: what should I do?

Do not sign before every head of loss has been assessed, ideally after consolidation and an adversarial medical assessment with a medical adviser. A settlement release permanently extinguishes your rights for the heads it covers. The firm's first consultation is free and allows you to gauge whether the offer is consistent.

Work accident as a cross-border worker: what steps?

Report the accident to your employer without delay; the employer forwards it to the Accident Insurance Association (AAA). The AAA covers treatment and benefits under its flat-rate scheme. If a third party is liable, an additional general-law claim can be brought against them and their insurer. AAA decisions can be challenged before the Social Security Arbitration Council.

Injured in Luxembourg? Have your loss assessed

The first consultation is free. Together we examine where to sue, which funds can be mobilised and the insurer's offer. Offices in Luxembourg-Belair and Metz; French, English, German.