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Foreign victims who sustain an accident in France often face complex legal and procedural hurdles, particularly when it comes to asserting their rights and obtaining fair compensation.
One of the primary challenges is the determination of applicable law and jurisdiction, which can significantly affect the outcome of the case. These issues may be governed, by principle, and subject to exceptions, by European regulations, such as the Rome II Regulation (on the law applicable to non-contractual obligations) and the Brussels I bis Regulation (on jurisdiction and enforcement of judgments).
In general, the law of the country where the damage occurred—here, France—is applicable. This means that the victim’s rights to compensation will typically be assessed under French law, which may differ substantially from the legal framework in their home country. For example, French law follows a specific methodology in calculating damages (pretium doloris, permanent disability, loss of amenity, etc.) that might be unfamiliar to foreign claimants. Furthermore, procedural rules, including statute of limitations, evidentiary standards, and court processes, must be followed strictly according to French legal requirements.
Jurisdictional issues further complicate matters. Victims often wonder whether they must litigate in France or if they can bring the case in their home country. While the Brussels I bis Regulation allows certain options, particularly in cases involving insurance claims, these exceptions are technical and often require nuanced legal interpretation. Failing to bring a case before the correct court can result in delays, increased costs, or even the dismissal of the claim.
For these reasons, it is crucial for foreign victims or perpetrators who were involved in an accident in France to appoint a French avocat (lawyer) who is experienced in bodily injury and cross-border matters.
A competent avocat can ensure that all procedural and substantive aspects of the case are handled in accordance with French law while also being mindful of the victim’s national background and expectations.
They can liaise with French insurers, translate medical and legal documents accurately, and navigate issues of international coordination.
Without specialized legal representation, victims risk under-compensation, procedural missteps, or being overwhelmed by a legal system that is both linguistically and technically foreign. Appointing the right lawyer is not only a practical necessity but also a strategic choice to protect the victim’s rights and dignity in a complex legal landscape.
Le Tutour Avocats assists non-French clients involved in accidents in France. All members of the firm speak and write English. They litigate and negotiate in the best interest of their clients.