Personal injury lawyer in Metz

The Act of 5 July 1985 (Badinter Act) protects road accident victims: pedestrians, cyclists and passengers are compensated almost unconditionally, the driver according to their share of fault. The insurer of the vehicle involved must send a compensation offer within eight months of the accident, provisional if the victim's condition has not stabilised. If the person liable is unknown or uninsured, the Guarantee Fund for compulsory insurance (FGAO) steps in.

The lawyer's role is to challenge the assessment if it understates the lasting effects, to assert the heads of loss that are often overlooked (third-party assistance, impact on career, functional deficit, loss of amenity) and, if the offer remains insufficient, to bring the case before the tribunal judiciaire de Metz. The details are in the road accident guide.

Every tribunal judiciaire houses a Commission d'indemnisation des victimes d'infractions (CIVI), the crime victims' compensation board created by article 706-3 of the Code of Criminal Procedure. It fully compensates victims of serious harm to the person (incapacity of at least one month, death, rape, sexual assault) and, subject to means, lesser harm. The application must be filed within three years of the offence, or within one year of the final criminal judgment, and does not depend on the offender's ability to pay.

For losses outside the CIVI's scope, the SARVI (recovery assistance service) advances the sums awarded by the criminal court. Joining the criminal proceedings as a civil party, then applying to the CIVI or the SARVI, are two complementary steps that the firm runs in parallel. See the assault victim guide.

Whether the care was given at the CHR Metz-Thionville, in a private clinic or by an independent practitioner, the victim of a medical accident has two routes. The Commission de conciliation et d'indemnisation (CCI), which is free of charge, orders an expert assessment and issues an opinion within six months where the harm exceeds a seriousness threshold; in the event of fault, the professional's insurer pays, and in the event of a therapeutic accident or serious hospital-acquired infection, the ONIAM (national medical accident compensation office) pays on behalf of national solidarity (Act of 4 March 2002). The court route, before the tribunal judiciaire de Metz, allows you to obtain an adversarial medical assessment in summary proceedings (article 145 of the Code of Civil Procedure) and compensation without a ceiling.

The choice between these routes depends on the seriousness threshold, the timeframe and the evidence of fault. The medical error guide sets out the criteria.

The pension paid by the Moselle CPAM (health insurance fund) after a work accident provides flat-rate compensation. If the employer committed an inexcusable fault, the social division of the tribunal judiciaire de Metz can order an increased pension and compensation for personal losses (pain and suffering, loss of amenity, loss of career opportunity). If a third party is liable, an ordinary civil claim remains open.

Cross-border workers injured in the Grand-Duchy fall under a separate scheme: the Accident Insurance Association (AAA), a direct action against the Luxembourg insurer, and a choice of court. Admitted to both Bars, I follow these cases on both sides of the border; see the guide to personal injury in Luxembourg.