The Different cases and the Right Lawyers
The lawyer must first check that the medical consultant only works for victims, the objective then being to guarantee medico-legal objectivity. In addition, when the medical officer presents his technical note to the Auto accident attorney, the latter verifies that all the heads of damage have been mentioned and possibly asks him to make certain corrections in the interest of the victim; there must therefore be a real exchange between the two protagonists.
The role of the lawyer in the follow-up of files
The lawyer, guarantor of medico-legal objectivity:
- Even in the event of an amicable procedure, the catastrophic injuries attorney must ensure that all of the damage items established by the medical consultant have been taken into account in the context of the amicable adversarial examination.
- In contentious matters, the judge rarely detaches himself from the Expert’s conclusions; the lawyer will therefore have an important role to play. In fact, he will be able to suggest to the court the Expert’s specialty.
- He must also ensure his independence and impartiality and not hesitate to relocate expertise. The drafting of the mission of expertise conditions the compensation of the victim; immediately , it is up to the lawyer to ensure that the Expert’s mission is complete.
- The presence of the lawyer is always necessary during the appraisal. Its presence leads all participants to respect the rules of judicial expertise and adversarial proceedings.
- The lawyer plays a leading role during the medico-legal discussion. He ensures that all questions are addressed by the Expert. His observations complement those of the medical consultant who has a medico-legal and less practical approach.
A pre-report is often communicated to the parties in order to collect their comments by writing statements before the filing of the final report. When the final report is filed, if the lawyer considers that there are criticisms to be made, he sends the report to the medical consultant asking for a critical report in order to request a second opinion. Otherwise, the clergy abuse lawyer can rely on this report.
The lawyer, guarantor of full compensation for his client:
The person in charge must repair “all the damage suffered” by the victim in order to replace it if possible in the situation in which it would have been if the harmful act had not taken place.
Compensation must be closely personalized both in the strict determination of the damages suffered and in their evaluation.
Finally, the plaintiff must always attract the social organizations in the case so that they can be reimbursed by the author of the harmful act for the sums they have incurred. It is the lawyer who establishes a claim on behalf of his client according to the nomenclature. Each loss item meets a precise definition and requires specific compensation which must be calculated according to the most favorable case law.