VICTORIA LECLERCAvocate au Barreau de Nice

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personal injury12

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responsabilité1

personal injury liability accident
Victim’s Negligence No Longer Automatically Reduces Compensation
Published on: June 2, 2026
In a major decision dated 29 May 2026 (No. 23-20.005), the French Court of Cassation clarified the impact of a victim’s negligence on personal injury compensation.
Anxiety Damage Recognized as Personal Injury by the French Supreme Court
Published on: June 2, 2026
In a landmark decision dated 29 May 2026 (No. 24-17.384), the French Court of Cassation held that anxiety damage resulting from exposure to a toxic substance constitutes damage arising from personal injury.
accident personal injury insurance
Compensation for Crime Victims: Disability Compensation Benefit and Professional Impact
Published on: January 13, 2026
The French Court of Cassation clarified on November 27, 2025 the rules for compensating victims of crimes, particularly regarding the Disability Compensation Benefit (PCH) and professional impact.
accident personal injury insurance
Traffic Accident Compensation: Rental Income Excluded from Future Loss of Professional Earnings
Published on: December 12, 2025
The French Court of Cassation clarified on November 6, 2025 that rental income cannot be considered when calculating compensation for future loss of professional earnings resulting from a traffic accident.
accident responsabilité
Civil Liability: Who Has Custody of the Ball in a Squash Game?
Published on: December 12, 2025
The French Court of Cassation clarified on November 27, 2025 the rules for civil liability for damage caused by sporting objects, under Article 1242 of the Civil Code.
accident personal injury insurance
Judicial Expertise: Insurer’s Representative and Medical Confidentiality
Published on: December 5, 2025
The French Court of Cassation clarified on November 6, 2025 the limits of medical confidentiality during judicial expertise in traffic accident cases.
criminal
New Definition of Consent in French Criminal Law: Legal Analysis
Published on: November 11, 2025
A major reform of the concept of consent in criminal law entered into force with the Act of 6 November 2025. This reform explicitly incorporates the notion of consent into the legal definition of rape and sexual assault, thereby profoundly reshaping the legal approach to sexual offences and strengthening the protection of individuals’ sexual integrity.
insurance criminal
Insurance and irrecoverable costs: The insurer cannot be ordered to pay sums under Article 475-1 of the Code of Criminal Procedure
Published on: September 26, 2025
The Court of Cassation clarifies that only the perpetrator of an offense may be ordered to pay irrecoverable costs to civil parties, not their insurer.
personal injury liability
Compensation for Loss of Opportunity
Published on: September 19, 2025
The Court of Cassation clarifies that a judge may recognize and award damages for a loss of opportunity even if the claimant has not expressly requested such relief.
accident insurance
Compensation in Traffic Accidents: An Offer Made Through Submissions Interrupts the Statutory Deadline
Published on: September 12, 2025
The Court of Cassation clarifies that a compensation offer made through legal submissions interrupts the 8-month deadline, even without explicit reference to Article L. 211-9.
accident liability
Fuel Leak Fire: A Stationary Vehicle Considered 'Involved' under the Badinter Law
Published on: September 5, 2025
The Court of Cassation clarifies that a stationary vehicle that caused a gasoline leak leading to a fire is considered involved under the Badinter Law.
insurance criminal
Illegal Practice of Law: Liability of an Insurance Claims Representative
Published on: August 29, 2025
The French Court of Cassation upholds conviction for unauthorized legal practice by an insurance claims representative assisting traffic accident victims.