Defending our interests: because in order to best defend the interests of our clients we must fully understand the arguments of our adversaries.
1/ No fault attributable to the firm
Each dispute is specific, and our firm initiates proceedingings by attempting to identify the fault committed by the claimant. Many firms overlook this practice and neglect their due diligence with regards to the no-fault liability regulation.
In matters of liability pertaining to fault, our firm endeavors to establish that the alleged fault is not, primarily, a fault of the administration, and that in addition, if fault is found, it does have the required degree of seriousness.
In matters of fault liability based on the illegality of a decision, the processing of the case uses the methodology relating to the analysis of appeals for excess of power (REP).
In matters of no-fault administrative liability, most disputes are based on the breach of equality of citizens before public charges or those resulting from damage to public works. In said cases, our firm pays particular attention to the demonstration by the applicant, of the alleged fault which is not proven.
2/ Lack of causal connection between fault and damage
In any full litigation appeal, the issue of the causal connection is debated, which if made apparent is not contested via said means. On the other hand, it regularly appears in terms of damage to public works, that the causal connection is liable invoking causation negligence.
3/ Absence of direct prejudice or certain and/or serious, abnormalities
The practice of our firm in matters of liability without fault, clearly establishes that the administrative judge is very attentive to the special, serious and abnormal nature of the damage. It will thus be established, by any means, that in any way, the damage invoked does not specifically affect the applicant and that it does not therefore take on the characteristics set by the traditional case law of the Council of State.
In matters of fault liability, it is in principle noted that the damage is not certain, that is to say born and present. Indeed, in many disputes, the plaintiff regularly evokes possible and / or future damage, which must lead to the rejection of the request.
4/ Amount of damages claimed
Unlike lawyers specializing solely in private law, whose litigation aims to seek or reject damages between private persons, our firms specialization in public law are not impeded by this step, which enables a more proficient litigation.
This is why our lawyers take special care in dealing with the intricacies of said issues and can apply our extensive case law experience in these matters.
Medical liability. Medical accidental coverage relates to any situation in which a medical act or a medical activity was the cause of iatrogenic bodily harm, whether resulting from negligence or not.
Medical error can be an error in a diagnosis, a fault in therapeutic care … But also, an error in postoperative or preoperative care, error during an operation, or the lack of information before any act of care.
Our firm often intervenes to defend victims of negligence caused by doctors or medical health establishments. We engage their responsibilities before civil or administrative jurisdictions.
