The victim of a road accident, whether pedestrian, cyclist, or passenger, has the right to be compensated. If it is the driver, his compensation will depend on his responsibility for the accident and the insurance taken out. Thus, road victims can first appeal to insurance companies but also initiate civil and administrative litigation or engage in criminal litigation.

Hiring Stockton personal injury attorney is essential because they have the right expertise to represent you in court and ensure you get a fair settlement from your insurance provider. As a road accident victim, you have your own rights that should be respected. Here are the rights of a road accident victim.

The Right to Contact Your Insurance Provider

Road accident victims have the right to contact their insurance providers. It creates the principle of the right to compensation for the victim when the injuries result from a traffic accident involving a land motor vehicle. This is meant to improve the situation of victims and speed up compensation procedures.

The Right to Initiate Civil and Administrative Litigation

Amicable compensation is the general rule. But sources of disagreement may arise between the parties. Examples include the appointment of the doctor in charge of the examination or the amount of compensation. The insurer or the victim can then seize the judge of any court.

The Right to Engage in Criminal Litigation

The accident may be caused by a criminal offense committed by a third-party motorist. In this case, your lawyer engages the criminal liability of this driver. It should be noted that filing a complaint and becoming a civil party implies a legal status and specific rights for the victim.

What are the compensable damages?

This is a common question. For the victim and compensation for direct victims:
the harm caused by pain and suffering,
the impossibility of working: permanent or temporary, total or partial disabilities,
scars, deformation of parts of the body: aesthetic damage,
the inability to perform the sexual act or to procreate: sexual harm,
The impossibility of engaging in cultural and sporting activities, gardening: the loss of pleasure.
For the relatives of the victim and compensation for indirect victims
In the event of the death of the relatives of the victim, the damages that can be compensated are:
the pain caused by the loss of the person: the moral prejudice
financial problems caused by the loss of the person: economic damage
More generally, for the relatives of the victim, the compensation must cover the damages suffered following the accident and which are generally:
loss of income of relatives and miscellaneous expenses,
moral damage,
the consequences for loved ones at the sight of the victim's pain,
changes in the living conditions of relatives.
Road accidents resulting in injury or death are the subject of an investigation and a report drawn up by the police or the gendarmerie.
The investigation remains secret until the transmission of the report to the public prosecutor. If the victim lodges a complaint, this will oblige the public prosecutor to inform the victim and his lawyers of the results of the investigation. Understand your rights as a road accident victim to get a fair hearing.
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