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Claim for damages in court
Verified 27 April 2021 - Directorate for Legal and Administrative Information (Prime Minister)
The victim of damage caused by misconduct may apply to the courts for compensation to be awarded to the person responsible for the misconduct. For example, a person who works in his home causes damage to his neighbor's property. The victim will be able to obtain damages, but must accurately establish the harm suffered and provide evidence. The request may be made in a civil, criminal or administrative case.
What applies to you ?
Civil case
There are 3 types of harm:
Type | Definition |
|---|---|
Physical damage | Injury to a person's health or physical or mental integrity Examples: |
Non-material damage | Damage to emotional well-being, honor or reputation Examples: |
Material damage | Damage to a person's property (car, clothes...) and financial interests (loss of turnover, amounts paid wrongly...) |
All such damage may be compensated by the payment of damages which financially compensate for the damage suffered.
An offense can cause several harms: for example, a break and enter causes material and moral harm.
Preparation of the file
If you are a victim and wish to obtain compensation, you must prepare a file including, for each injury, the assessment of the amount of the compensation. The assessment must include costs directly related to the damage suffered.
You must also prove that:
- Your damage was caused by negligence, fault or infringement
- The person you're asking for redress from is fine responsible your loss (negligent, negligent, or unlawful person, or their legal representative)
- The damage is real (the fault has caused you unquestionable damage)
- The damage is direct and concerns you personally
- The damage is certain. The damage is established and can be assessed. The evaluation can be for immediate damage (cost of a car accident, medical expenses...). It can also be done for future damage, if it is certain that the damage will occur and that it can be assessed immediately. For example: if a person is injured, the consequences of that injury on their future situation and the loss of future earnings can be assessed (for example, several missed working days).
Court referral
You must make a claim to the court to compensate for all the damages you have suffered. The judge may not order the defendant to pay more than your claim.
You must present proof of your prejudice: invoices, photos of the accident...
You can go to a civil court, whether or not the person responsible for the damage has committed a criminal offense. The court with jurisdiction depends on the type and amount of the dispute.
The competent court depends on the sums involved in the dispute.
- For a case less than or equal to €10,000, it is the local court or the judicial court.
- For a case greater than €10,000No, it's the court.
Who shall I contact
You can also ask the judge to also make a penalty payment. If the penalty payment is made, the person responsible for compensation is obliged to pay an additional sum in the event of late payment.
Please note
parties can also avoid a court appearance through a amicable agreement.
Once the amount is determined by the judge, the victim has a claim on the convicted person who becomes debtor. The claim is a right that the victim can use.
The decision of the judge granting compensation may be enforced in a manner that definitive or provisional.
In case of difficulty in the recovery of sums, it is possible to appeal:
- to the judge to obtain a order for payment
- or to a commissioner of justice (former bailiff and judicial auctioneer) who can seize.
FYI
in some cases, it's insurance the person responsible for the damage who can compensate the victim.
Criminal case
There are 3 types of harm:
Type | Definition |
|---|---|
Physical damage | Injury to a person's health or physical or mental integrity Examples: |
Non-material damage | Damage to emotional well-being, honor or reputation Examples: |
Material damage | Damage to a person's property (car, clothes...) and financial interests (loss of turnover, amounts paid wrongly...) |
All such damage may be compensated by the payment of damages which financially compensate for the damage suffered.
An offense can cause several harms: for example, a break and enter causes material and moral harm.
Preparation of the file
If you are a victim and wish to obtain compensation, you must prepare a file including, for each injury, the assessment of the amount of the compensation. The assessment must include costs directly related to the damage suffered.
You must also prove that:
- Your damage was caused by negligence, fault or infringement
- The person you're asking for redress from is fine responsible your loss (negligent, negligent, or unlawful person, or their legal representative)
- The damage is real (the fault has caused you unquestionable damage)
- The damage is direct and concerns you personally
- The damage is certain. The damage is established and can be assessed. The evaluation can be for immediate damage (cost of a car accident, medical expenses...). It can also be done for future damage, if it is certain that the damage will occur and that it can be assessed immediately. For example: if a person is injured, the consequences of that injury on their future situation and the loss of future earnings can be assessed (for example, several missed working days).
Court referral
You can seek compensation in a criminal trial, if the person responsible for the damage committed an offense. It's the formation of civil party.
You must make a claim to the court to compensate for all the damages you have suffered. The judge may not order the defendant to pay more than your claim.
If you are unable to attend the trial, you can send your application to become a civil party by post. You must specify the damage you have suffered and the amount you are asking for. You must send the application to the court hearing the case before the hearing date.
The method of payment and the settlement of disputes depend on the situation.
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General case
Once the amount is determined by the judge, the victim has a claim on the convicted person who becomes debtor. The claim is a right that the victim can use.
In the event of difficulties in recovering sums, the Service d'aide au recovery des victims d'infraction (Sarvi) can be called in. This service can directly compensate the victim.
FYI
in some cases, it's insurance the person responsible for the damage who can compensate the victim.
Suspended prison sentence
The offender may be sentenced by a criminal court to imprisonment with reprieve and compensation to the victim.
The terms of compensation are determined by the sentencing judge.
In the event of difficulties in recovering sums, it is possible to inform:
- the sentencing judge, the competent judge is the judge of the author's domicile (if you do not know him, you can write to the court that handed down the sentence and that will transmit to the correct service),
- the penitentiary service for the insertion and probation of the victim's home,
- the Service d'aide au recovery des victims d'infraction (Sarvi). This service can directly compensate the victim.
FYI
in some cases, it's insurance the person responsible for the damage who can compensate the victim.
Sentence to a term of imprisonment
Imprisonment The perpetrator of the offense may be sentenced by a criminal court to a penalty of
The incarcerated person has a registered account into which money can be paid. Part of this account is reserved for compensation to civil parties.
In the event of a final conviction, the institution shall be informed of the existence of civil parties and of the amount of their claim. The head of the establishment must ensure that the sums are regularly paid to the civil parties.
In the event of difficulties in the recovery of sums or if the direct levy is insufficient to cover the amount of damages, it is possible to appeal:
- a commissioner of justice (formerly a bailiff and judicial auctioneer) to obtain a garnishee order on the account of the detained person,
- the president of the court (he may order an attachment on the debtor's salary),
- to the sentencing judge responsible for following up the sentenced person (the competent judge is that of the jurisdiction in which the prison in which the perpetrator is detained is located).
A seizure of the property of the incarcerated person may be requested if the previous measures have not been sufficient to cover the amount of damages.
FYI
in some cases, it's insurance the person responsible for the damage who can compensate the victim.
Administrative case
There are 3 types of harm:
Type | Definition |
|---|---|
Physical damage | Injury to a person's health or physical or mental integrity Examples: |
Non-material damage | Damage to emotional well-being, honor or reputation Examples: |
Material damage | Damage to a person's property (car, clothes...) and financial interests (loss of turnover, amounts paid wrongly...) |
All such damage may be compensated by the payment of damages which financially compensate for the damage suffered.
An offense can cause several harms: for example, a break and enter causes material and moral harm.
Preparation of the file
If you are a victim and wish to be compensated for damage caused by a public service, you must draw up a file including, for each damage, the assessment of the amount of compensation. The assessment must include costs directly related to the damage suffered.
You must also prove the following:
- Your damage was caused by a public service
- The person you're asking for redress from is fine responsible your harm (public official who committed the wrongful act, public authority responsible for the official)
- The damage is real (the fault has caused you unquestionable damage)
- The damage is direct and concerns you personally
- The damage is certain. The damage is established and can be assessed. The evaluation can be for immediate damage (cost of a car accident, medical expenses...). It can also be done for future damage, if it is certain that the damage will occur and that it can be assessed immediately. For example, if a person is injured, the impact of that injury on their future situation and the loss of future earnings can be assessed (for example, several missed work days).
Bring the matter before the court
The court which is competent to examine claims for compensation against an administration or a public service shall be the administrative tribunal.
The claim for compensation from the Administrative Tribunal is called " claim for damages ”.
But you you cannot go directly to the administrative court of a claim for damages.
You must first send a prior request claim for compensation from the administration or the public service concerned in order to obtain a sum of money in compensation for damage caused to you by its action.
The claim must be sent by registered letter with acknowledgement of receipt.
If the administration sends you a negative response, you may bring an action before the Administrative Court in a two-month period starts running the day after you receive this response.
If the administration does not respond within 2 months which follow the date of dispatch of your claim, its silence is tantamount to a negative tacit response.
In this case, you can appeal to the administrative court from the birth of this tacit decision of refusal and in a two-month period which begins to run the day following the day on which that implied decision was born.
Warning
you can to bring an action directly before the Administrative Court without making a prior request to the administration where the dispute concerns public works or the electoral disputes, or when your request following proceedings before a court or tribunal of the judiciary.
The competent court is the court within the jurisdiction (territory) of which the administration or public service in question is located.
Who shall I contact
The administration or public service that is ordered by the administrative court to compensate you must pay you the amount set out in the judgment.
The decision of the judge granting compensation may be enforced definitively or provisionally.
FYI
in some cases, it's insurance the public service responsible for the damage which can compensate the victim.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
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