When a person dies as a result of a road accident, his legal successors may obtain compensation for damages suffered (damages patrimonial and extra-patrimonial)The family of the victim of a road accident may obtain compensation for the damage suffered. It is necessary that the family members concerned may have an intense bond with the deceased victim. All members of the family do not have the right to compensation. To be compensated, it is necessary to prove to a judge that a strong link existed (a community of life, for example).
In general, the rights holders are the parents, or the children.
Can also be considered as rights-holders people who had no blood relationship with the deceased victim, but talking with her emotional ties are important. Since, the nomenclature Dintilhac defines and classifies the various components of the damages to the direct victims and indirect in the case of death due to an accident. The harm to heritage include a wide variety of damages, including funeral expenses and the various expenses in connection with the death. Harm the extra-patrimonial include three types of injuries. There are three such harm to moral character, the weight of emotional and psychological death of the victim of the accident: The damage cover, which means the damage suffered by the relatives between the time of the accident and the death of the victim, that is to say, during the illness or traumatic injuries. Example: the person is the victim of the road accident die at the end of a month of hospitalization. You have accompanied in the pain this person on his death bed.
two loss of affection, also known as"moral damage"means"the sounding pathological proved that the death could result in some loved ones."three The loss of chance of survival, is a right of the victim which, in the case of death, is passed on to the heirs.
In the event of the death of the victim, his successors must seek compensation from the insurance of the person who is responsible for the accident and the death of the victim. The proposal of compensation made by the insurer may be considered inadequate by the rights-holders. With the help of a lawyer, the rights holders can pursue the responsible in front of the Tribunal de Grande Instance. The period of limitation is three years This means that criminal proceedings can take place at any time within three years after the accident and the violation. An investigation is undertaken to assess the harm and the emotional bond that existed between the victim deceased, and its successors. It is a criminal action, the person responsible for the accident. It's up to the prosecutor to decide whether the lawsuit is justified or not. If the prosecutor decides to prosecute the responsible of the accident, the rights holders can be part-civil before the Tribunal de grande instance. It is in this way that they will be compensated for the harm inflicted. The nature of the harm suffered and the amount of compensation shall be fixed by the judge. Jurifiable of reliable legal advice and immediate Find lawyers on measurement, compare their quotations.
