Tips Archives | Divorce Without Courts

Encountering a slip or a fall is an inevitable aspect of life. No matter how much luck you carry, you cannot possibly run away from a slip. Funny as it sounds. There is, however, an option to compensate for your fall based on how you fell into the situation on the first hand. Here are certain steps that will assist you in initializing a proper legal case after befalling into a slip or fall accident:

Seeking legal advice

Look for professional solicitors in wollongong. Strong leadership with considerable experience are important for your case to be taken seriously in the court. Seek the best, professional help that you can acquire from the industry for a better chance at compensation.

Medical assistance

Before examining the possibilities of the potential case around your fall, you need to assess the level of your injuries. If the injuries that you have encountered, require emergent care, you need to seek serious medical attention. But, do not forget to properly document your medical records for any record could potentially assist you in your legal case in the future.

Report and document

document

It is important that you report the accident immediately after you encounter the accident in written form, specifically by the owner of the property. Furthermore, document everything. The details of how you fell, the statements issued by the witnesses, the location where you fell into the accident and they names, numbers, addresses of the people who witnessed your fall and the people who could potentially be responsible for the fall.

Visual proof

Visual content often is the determining step in the results that are proceeded by the court. It may not cross your mind to develop proper photographs of your injury, but it is useful. It can help you in building a good slip and fall case. Ask someone at the hospital to take a picture of your wounds such that the damage that the fall has caused you can be present in visual proof.

Gather witnesses

The next thing to visual content in determining the result of the cases, is the presence of witnesses. If someone saw the slip or fall accident, you need to request for their help in your legal case. These witnesses can help you provide advantage if the owner of the property refuses to acknowledge your claim.

Avoid statements

Besides the necessary precautions, there is one more thing to avoid. You need to ensure that you do not record a statement with any of the people from the property where you encountered the fall. People use these tactics just to use them against you in the court. You are not obligated to give such recording. Hence, do not let them pressure you into following unintended steps.

The Guarantee Fund for Victims of Acts of Terrorism and Other Offenses (FG) was created by the law of 6 July 1990 to compensate the aforementioned victims.

There are two compensation schemes:

that of victims of acts of terrorism: bodily injury (death, injury) is fully repaired, compensation being fixed and paid by the FG in agreement with the victims (this scheme will not be studied here)the victim of other offenses: the victim or his successors (if deceased) must in this case obligatorily address the Tribunal de Grande Instance, more precisely the Commission for Compensation of Victims of Offenses (the CIVI ), a written request.

He may turn against the person responsible for the damage instead of the victim.It is said that he is subrogated in the rights of the victim.

The victim (or his successors in case of death) can be compensated under certain conditions.

The period is three years from the date of the offense, possibly extended by one year from the date of the last penal decision.If the victim or his dependents have not been able to assert their rights within the required time, if they are aggravated or for any other legitimate reason, they may ask to be removed from foreclosure.If the perpetrator is ordered to pay damages, the period starts from the date of the court’s notice, that is to say from the moment the victim is notified of the possibility of filing a complaint with the CIVI.

The victim must prove that the damage suffered is the result of facts, whether intentional or not, that are materialistic to an offense. The law therefore applies not only to willful acts, but also to the improper or negligent behavior of the offender.

In the case of an injury to property, the facts must be qualified as theft, fraud, breach of trust, extortion or destruction, degradation or deterioration of property

Moreover, the law excludes from its domain damages resulting from acts of terrorism, traffic accidents occurring on French territory, hunting acts and diseases related to asbestos

Place of the offense and nationality

If the offense has been committed on the national territory (Metropolitan France, DOM, TOM) may be compensated: persons of French nationality, nationals of a Member State of the European Community, persons of foreign nationality legally residing in France. day of the facts or the request made to the CIVI

If the offense was committed abroad, only persons of French nationality will be able to benefit from compensation

What happens if a fault of the victim can be withheld

The victim’s fault (violent or aggressive behavior, insults, etc.) may result in the exclusion or reduction of compensation and is enforceable against the rights of the deceased victim

Nature and severity of the damage

Two totally different situations arise

In the event of serious harm to the person, the victim can obtain full compensation for the damage resulting from these injuries if the events resulted in either death or a total temporary disability (TTI) of at least one month or an incapacity permanent partial (IPP), or constitute an offense of sexual assault / abuse or rape … The CIVI will deduct from the amount allocated benefits paid by social organizations, mutual insurance.

In the case of minor personal injury and material damage resulting from theft, fraud, breach of trust, extortion or the destruction, deterioration or deterioration of a property, if victim suffered bodily injury resulting in total incapacity for work of less than one month or material injury resulting from any of the above-mentioned offenses, the compensation will be subject to strict conditions and a