The lawyer can be a generalist or have chosen to specialize. To obtain a specialization, the lawyer must pass an exam to test his knowledge in his specialization and must prove that he has practiced for 4 years with a lawyer specializing in the claimed field. Each specialization contains its own “fields of competence”.
In this matter, the lawyer may hold a certificate of specialization in Personal Law and also obtain fields of competence in Personal Injury Compensation, Civil Liability and Personal Insurance. However, the list of specializations is subject to a new decree.
The specialized lawyer has a practice in the field of personal injury and often medical injury, civil liability and insurance, he is used to defend this type of case (frequently and sometimes exclusively), to assist victims of personal injury before the Courts, during transactions with insurance companies and funds.
Lawyers specialized in personal injury compensation for victims do not defend the interests of insurance companies and funds.
A specialized lawyer knows this specific law, the jurisprudence, the practice of the Tribunals and Courts that have to judge these matters, he knows the judicial experts, knows and has his clients assisted by victims’ doctors during judicial or amicable expert appraisals, he knows the life and needs of his clients who are victims of personal injury and of their families.
Better yet, specialized lawyers are at the forefront of jurisprudence. They often innovate in this area, since they ask for an evaluation of their clients’ damages and the judge cannot rule ultra petita. Of course, it is the judge who sets the case law, but it is the lawyers who request it, who make it concrete, and who contribute to its realization.
It is important to know that not all court decisions are published. However, compensation for personal injury is essentially a case law. Thus, specialized lawyers are in possession of court decisions that they have been able to obtain, which constitute jurisprudence that is often favorable to their client and which they use to defend other clients suffering from a personal injury. Specialized lawyers have their own unpublished case law, which is also part of the specific defense in this area.
In addition, these lawyers often hold a certificate of specialization recognized by the Conseil National des Barreaux, and they hold medical and other diplomas. They are members of associations, they often give conferences, produce articles&.
Personal injury compensation is an autonomous, complex and multidisciplinary law. Specialized lawyers often intervene in transactions and before very diverse jurisdictions, using many aspects of the law (criminal, civil and administrative liability law, insurance law, medical law, law governing protected adults&).
The right to compensation for bodily injury occurs in a variety of cases, including
- road accidents in France and abroad (civil, criminal and CIVI jurisdictions)
- assaults in France and abroad (CIVI and criminal courts),
- work-related accidents and occupational diseases (TASS, criminal courts), service-related accidents (administrative courts)
- medical liability (civil, administrative and criminal courts CRCI)
- HIV and HCV contamination (civil and administrative jurisdictions)
- sports accidents (civil, administrative and criminal jurisdictions),
- accidents of life (civil and criminal jurisdictions),
- accidents caused by animals (civil and criminal jurisdictions),
- acts of mistreatment (civil and criminal jurisdictions),
- fires (civil, administrative and criminal jurisdictions),
- attacks (civil, criminal, CIVI, and international jurisdictions)
And above all, specialized lawyers work with victims’ medical advisors. Specialized lawyers choose a victim’s medical advisor for their client, who will assist them throughout the judicial or amicable medical expertise.
Specialized lawyers are familiar with the lives, disabilities, and needs of their clients who are victims of personal injury and their families. They are familiar with the rules of law and procedure, case law, and practice, and they defend the fundamental rights in this area, such as full compensation for damages, capitalization scales, third-party assistance, and damage assessments, and they challenge compensation scales.
In the context of compensation for serious bodily injury (amicable or judicial), compensation is always long in coming, due in particular to the consolidation process. Therefore, it is essential that the victim and his or her family have confidence in their lawyer and in his or her legal and human skills.