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Tourism accident

Tourist accident victim lawyer

Our law firm for victims of tourist accidents in Marseille has acquired a particular expertise over the years in the management of cases of compensation for bodily injury suffered in accidents abroad.

Due to his dual legal training (French and Canadian), Maitre Louis SAINT-PIERRE is able to understand that an accident occurring in a foreign country cannot be treated “in isolation” from the sole angle of the laws applicable in the country of residence of the victim, nor under that of the only laws applicable in the country where the accident occurred.

The circumstances of the accident itself, and the situation in which the victim finds himself, must be taken into account individually in order to determine the most appropriate legal response.

Regarding compensation, before taking any action, the victim will have an interest in inquiring about their rights and possible remedies both in their country of residence and in the country where the accident occurred. Such precautions are indeed essential in order to determine the most favorable solution to his fate, and the most appropriate to his situation.

Me Louis SAINT-PIERRE has attended and personally assists several foreign victims of accidents that have occurred in France (Canadians injured in France, American citizens injured in France, Belgians injured in France, Dutch injured in France, citizens of Great Britain having had a accident in France, etc.)

He also assists several French victims injured abroad: accidents in the United States, Canada, Great Britain or the European Union.

The LELIEVRE & SAINT-PIERRE tourism accident victims lawyer firm is a member of an international network of specialized lawyers working alongside victims of personal injury.

As such, we work in collaboration with specialized lawyers in Europe, Canada and the United States.

If you are a French citizen and you have been the victim of bodily injury occurring abroad, or if you are a national of another country and have been injured in France, this information will undoubtedly help you to know your rights.

Travel victim lawyer

The Tourism Code provides that the seller of an organized trip (and the organizer thereof) must repair the damage suffered by a participant in the trip, since this damage results from the poor performance of the organizer's obligations. the trip, or any service provider involved in this trip.

This scheme aims to facilitate compensation for damage suffered by the participants of an organized trip, by allowing them to seek compensation directly from the seller of the trip or the organizer, without having to sue a particular provider responsible for the damage that has occurred. often in foreign countries.

For the rest, the victim’s recourse obeys the rules of common law, with in particular the possibility of invoking a safety obligation at the expense of a particular provider.

Lawyer for a French citizen injured in an accident abroad

Suffering bodily injury in a country other than one's usual place of residence very often adds additional anguish to the victim or their family.

Indeed, in addition to having to manage the health situation in an often unknown context and in a language with which the victim is unfamiliar, the victim or his entourage will very quickly be confronted with several important questions relating both to the provision of care , than to the implementation of the rights of this victim.

In this context, the intervention of a specialized lawyer may prove to be decisive in ensuring full respect for the rights of the victim.

When should I consult a lawyer specializing in accidents suffered abroad?

As soon as possible after the occurrence of the accident, and in any event, from the onset of the first difficulties relating either to the provision of care or to respect for the rights of the victim.

It should be noted here that in several countries, the establishment of a legal action (or of an amicable or transactional process) is framed by very short deadlines, which are not always suspended by the absence of consolidation of the lesions, or by the fact that the police investigation is still in progress.

It is therefore necessary for the victim or his entourage to exercise extreme vigilance, and to seek the appropriate legal advice as soon as possible, in order to be sure not to leave a right to prescribe.

What role for the French specialist lawyer in the event of an accident abroad?

1

Determine the legal or amicable remedy to be implemented

In all cases, his first role will be to determine the best recourse (s) to implement in order to best promote the interests of his client. This seems to go without saying, but we must not lose sight of the specificities of an accident abroad for the victim who suffers it.

These specificities lie in the fact that the victim could potentially benefit from a right of action both in France, by virtue of certain contractual or legal rights, and in the country where the damage occurred.

2

Analyze the rights of his client according to the rules applicable in the country where the damage was suffered and those in force in France

Each country has its own legal rules. This is true both with regard to the rights and obligations of each individual and the procedure to be followed in order to request a sanction by a court.

Thus, it will sometimes be highly prejudicial to a victim injured in a country other than his country of habitual residence to take legal steps without knowing the rights which he might have enjoyed in the other country concerned.

Some of the main differences that may exist from country to country in the law of compensation for personal injury include:

Limitation periods

It is 10 years from the consolidation of the damage in France; 1 to 4 years depending on the states in the United States and 2 to 3 years in Canada. And these deadlines are variable within other countries.

The method of proof may vary

In France, proof is essentially in writing or attestation, practically never by giving oral testimony before the Tribunal. Whereas in Anglo-Saxon countries, proof at trial is most often done by personal testimony brought before the judge.

The role of the lawyer is different

The injured person’s lawyer will have a different role depending on the country in which he operates, since the steps necessary to assert the rights of his client are different.

Presence or not of specific laws providing for no fault liability

Indeed, some states, such as New Zealand, Quebec, and some American states, have adopted no-fault compensation systems. It is important to know the existence of these laws and to master their mechanisms in order to be able to avail oneself of the rights which result from them, but also to be able to request, if necessary, compensation outside the scale for the surplus, by setting up the recourse. appropriate.

The amounts of compensation that can be obtained vary greatly from one country to another

Between a compensation scheme resulting from the application of a so-called “no fault” law, compensating rather poorly and often not fully all the victims of a given bodily injury. And the reparation obtained before an American jury, which can reach very substantial sums, especially when it includes the payment of punitive damages, each country offers victims distinct remedies, each with advantages and disadvantages.

It is up to the lawyer for the victim concerned to be able to best advise his client on the most appropriate remedy. Do not hesitate to seek advice from our law firm in Marseille, specializing in tourist accidents.

3

Implement the rights his client enjoys in France, if applicable

The fact that the accident occurred abroad does not, far from it, deprive the French victim of the possibility of asserting certain rights in France, in order to obtain compensation for the damage suffered.

These include:

- Compensation following the common law assessment by submitting a request to the Criminal Offenses Victims Compensation Commission (CIVI).

This assumes, however, that the injuries were caused as a result of the commission of a criminal offense, even if no prosecution has been initiated in the country where the accident occurred.

The damage assessment will then be done according to the criteria and standards of French law.

It is therefore understandable that before instituting proceedings before the CIVI, the victim or his entourage will benefit from finding out about the rights they may have in the country where the accident occurred.

In a country like the United States for example, compensation for non-economic damage such as moral damage, suffering endured, functional deficits and loss of pleasure are compensated according to standards much higher than those currently in force. French right.

- Advantage in implementing the rights available to it under an insurance contract.

These insurance contracts can be individual or collective, and provide for example provident benefits, coverage of health expenses not covered by social security, or even the payment of compensation or capital in the event of disability or of deceased.

Here again, we cannot stress enough the need to quickly identify the contractual rights available to the victim so as not to be opposed to foreclosure later.

4

Refer your client to a specialized lawyer practicing in the country where the damage occurred

It was related above what could be in the interest of the victim or his entourage to take legal steps in the country where the accident occurred. In a good number of situations, this will be the only or the best way to obtain full and just reparation for the injuries suffered.

The amount of compensation that can be obtained, and the means to be implemented to safeguard the interests of the victim, vary widely from one country to another.

It therefore seems essential for the victim or his relatives to be able to ensure that the lawyer they consult can direct them, if necessary, to a competent lawyer practicing in the country where the damage occurred.

This is for two reasons:

First, upstream, it will sometimes be useful or even necessary to seek advice from a lawyer specializing in personal injury law in the country in question to obtain an opinion on the rights of the victim in the event of recourse implemented in the foreign country concerned.

Then, of course, to implement the remedies in question, if that should prove to be the best way to obtain full compensation.

LELIEVRE & SAINT-PIERRE is a member of an international network of lawyers specializing in personal injury compensation.

As such, he works in collaboration with lawyers in continental Europe, Great Britain, Canada, Florida, California, New York and elsewhere in the United States.

He is thus in a position to direct his clients to competent professionals, when the situation demands it.

Our law firm specializing in tourism accidents has a perfect command of English, which is also often essential in handling a case relating to an accident that has occurred in a foreign country.

Maître LOUIS-SAINT PIERRE has dual expertise as a Canadian and French lawyer. This also allows him to have an overview of the rules of law, both civil law and common law inspiration.

You have suffered a tourism accident in France or abroad, contact our law firm in Marseille specializing in bodily injury.

DEMANDER UNE ETUDE PERSONNALISEE

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    04.91.04.04.15 contact@lsp-avocats.fr 103 Boulevard Notre-Dame 13006 Marseille
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    Le Cabinet d’Avocats LELIEVRE & SAINT-PIERRE est spécialisé en droit du dommage corporel et de la responsabilité médicale

    04.91.04.04.15 contact@lsp-avocats.fr 103 Boulevard Notre-Dame 13006 Marseille