ESTABLISHMENT OF THE FACTS

The establishment of the facts

During your denunciation of the facts, your explanations must be clear, precise and complete and, where possible, it is advised to gather together the maximum amount of proof in order to show the existence on one hand, of a criminal offence (witnesses, medical certificates, photos…) and on the other hand, of the damage where the compensation will demand the production of estimates, bills of expenses already paid, reimbursements to the Social Security or to a complimentary medical insurance.

PHYSICAL DAMAGE

If you have been subjected to violence, a sexual attack, or a road accident in which you were hurt, you should have it registered by going to the Emergency Department at the Centre Hospitalier Princesse Grace or to a doctor of your choice.

In all cases, have a medical examination done.

In fact, in order to evaluate your body damage, the medical experts will use the law known as Total Work Incapacity (ITT in French).  This concerns the period during which you are totally incapacitated to carry out your daily life.

A medical exam is necessary:

  • in order to document the punches, injuries and psychological trauma;
  • in order to create a medical certificate specifying an eventual Total Work Incapacity (ITT in French) whether you have a profession or not…
  • in order to evaluate your damage on a legal level.

This medical certificate is different from an eventual sick leave which must be attached with your demand to press charges.

Think about keeping all the proof that attests to your damage:

  • Medical certificates and attestations describing your injuries, your incapacity to work, etc.;
  • Medical attestations (doctors, psychologists) describing your problems and the importance of your traumatism suffered.

MATERIAL DAMAGE

You must assemble and conserve all the notes and bills concerning the costs of your hospitalization, your medical and transportation costs undergone and caused by the offence, work contracts in the case of loss of revenue, as well as the repair or replacement bills of property damaged or stolen.

MORAL AND AGREEMENT PREJUDICE DAMAGE

These damages which are essentially difficult to evaluate, must be established by all means.

Moral damage covers notably the repair of pain or “pretium doloris”, “the loss of luck” the impossibility to attend an exam, a job interview, the loss of a loved one, family interruptions etc.

Agreement prejudice aims at for example the impossibility to continue a sports activity or a hobby.