Claim for compensation in the event of damage caused by a person

Verified 04 February 2025 - Directorate for Legal and Administrative Information (Prime Minister)

Someone has committed an act that caused you a damage ? You can go to court to get damages. In order for the perpetrator or the person responsible to be ordered to pay damages to you, you must determine the harm suffered and show that it is related to the act committed. The rules of procedure are not the same depending on the nature of your case (civil or criminal). We present you with the information you need to know.

Civil case

Cases in which a person commits his responsibility because he has committed an offense are dealt with here non-contractual fault (we speak of “ non-contractual liability’) or that it is civilly liable of the perpetrator (example: parents/minor children).

If the damage was caused by something, other rules apply.

Step-by-step approach

To get damages, you must compile a file that gathers all the elements that make it possible to determine that your damage is compensable (e.g. attestations of your relatives, photos, medical certificates, expertise, etc.).

Demonstrate injury

You must demonstrate that you are the victim of harm:

  • Certain. This means that the damage has occurred or that it is established that it will occur
  • Personal. That means the damage was done to you
  • Legitimate (for example, you can't get damages for lost revenue unlawful).

It may be bodily, moral or material damage.

Tableau - Types of damages compensable

Types of harm

Examples

Bodily injury

  • Injuries
  • Occupational disease
  • Aesthetic damage (example: a scar on the face)

Non-material damage

  • Stress due to the loss of a loved one
  • Anxiety
  • Sexual harm (e.g. decreased sex life)
  • Loss of opportunity to build a professional project
  • Invasion of privacy

Material damage

  • Loss of income
  • Deterioration, degradation or destruction of property

Prove fault-related damage

In order for your damage to be repaired, you must also determine:

  • A fault, negligence or infringement committed by another person
  • And that your injury occurred as a result of that fault, negligence or breach.

Example :

A person walking down the street hits you because he is looking at his phone. You fall and you break your arm. So you are suffering bodily harm that was caused by the negligence of the person who shoved you. It was precisely this negligence that led to your damage, because if the person did not hit you, you would not have fallen. You can therefore ask him for damages.

Perpetrator of the fault causing the damage

In principle, the person who is guilty of fault, negligence or the offense is held liable for the damage you have suffered.

So you can ask him to damages in order to compensate you for your damage.

Liable for fault

In some cases, damages must be paid by the person responsible for civil matters of fault, negligence or the offense.

Répondez aux questions successives et les réponses s’afficheront automatiquement

Damage caused by a minor child

If you have suffered damage caused by a minor child, it is his or her parents who must compensate you.

So that their non-contractual liability be committed, you must:

  • That they exercise parental authority with regard to the child
  • That the child usually resides at home, even if they were absent at the time the incident occurred.

In the event of divorce or separation, the parent with whom the child has principal residence shall be held liable for any damage caused by the minor.

Example :

When the child lives with his parents, the parents are responsible for the damage he caused even if he is at his grandparents' home on weekends.

If the child damages a car while he is at his father's house who has a right of accessHowever, it is his mother who must compensate the owner of the car because the child has his habitual residence at home.

Damage caused by employee

You can seek damages from the employer of the person who caused you harm.

For this purpose, it is necessary that the person who caused the damage be tied to the employer by a contract of employment and whether he committed a fault or a infringement :

  • While performing his mission (for example, an employee hired for a move commits a theft in the apartment concerned)
  • Or during working hours
  • Or at work.

Student damage

In private education, teachers and educators may be liable for the damage caused by their pupils while under their supervision.

To be able to obtain damages, you must prove the teacher's negligence or recklessness.

For example, during a school trip, a student pushes a classmate and wounds him. It is shown that at that time the teacher was not monitoring the children. In this case, you can claim damages from the teacher.

FYI  

When the pupil is under the responsibility of a teacher or educator public education or a private institution which has concluded a contract with the StateHowever, damages should not be claimed from the teacher or educator but from the State.

Animal damage

If you have suffered harm caused by an animal, you can claim damages from:

  • Its owner
  • Or to the person who has been entrusted with the care of the animal for a long time (example: the manager of a kennel who keeps a dog during a holiday period).

The owner or guardian must compensate you even if the animal was unsupervised at the time of the incident (example: the owner of an escaped dog remains liable for the damage caused by the animal).

However, you will not be compensated for damages caused by an animal that does not have a master (example: stray cat).

If the person who made the mistake unintentional or the person who is civilly liable to a liability insuranceYou can, however, reach a friendly agreement with his assurance.

To obtain compensation from the insurer of the person responsible for the fault or the person who is civilly liable for it, you must notify your insurer by a declaration of sinister.

This statement must include information about you:

  • Your first and last names
  • Your contract number and insurance enrollment date
  • The type of damage caused by the third party (for example, a personal injury caused by a dog bite)
  • The date, place and time of the occurrence of the facts.

It must also contain information specific to the perpetrator or the person responsible for the crime:

  • His first and last names
  • His date of birth 
  • Contact details (address, telephone number) 
  • His insurance company.

Finally, you must indicate the exact circumstances in which fault, negligence or the offense took place.

Once you've explained all of those things with precision, you must specify the purpose of your claim (e.g. claim from the insurer of the person responsible for the fault or the person responsible for it).

Your declaration must be accompanied by any supporting evidence to evaluate your damage (e.g. photos, videos, medical certificates, invoices, etc.)

Please note

If you have not taken out an insurance contract, you must forward this statement to the insurer of the perpetrator or the person who is civilly liable for it.

If you cannot ship it directly to the insurer, you can send it to the person responsible for your damage registered mail with acknowledgement of receipt to send it himself.

If it is established that you have suffered damage, the insurer of the perpetrator of the act or of the person who is civilly liable for it will offer you compensation.

FYI  

At the time of payment, the insurer may apply deductibles and guarantee ceilings, if the third party responsible provides for it.

This will have the effect of reducing the amount of your compensation.

If you are not satisfied with the amount of the insurance cover offered, you can try to reach an amicable agreement.

If you cannot reach an agreement with the insurer, you can submit a claim for damages to the judge.

To get damages, you must assign the perpetrator of the acts or the person responsible for them civilly liable.

Your assignment must contain the assessment of the amount of all damage that you've been through. It must also be accompanied by all documents proving that you are entitled to compensation (photos, videos, medical certificate, expertise, etc.).

Generally speaking, your request must be made within 5 years of the commission of the act which caused you damage.

However, if you have personal injury, your legal action must take place within 10 years of consolidation of your damage.

Depending on the amount you claim, the court with jurisdiction to consider your claim for damages is not the same.

Répondez aux questions successives et les réponses s’afficheront automatiquement

Injury of less than EUR 5 000

When the amount of your request is less than €5,000, you must obligatory use an alternative dispute resolution procedure before bringing the matter before the competent court.

If you have not reached an amicable settlement through an alternative dispute resolution process, you must submit your claim to the community court :

  • The place of residence of the author of the act or of the person who is civilly liable
  • Or the place where the events occurred and/or caused you damage.

In front of the local court, you can be assisted by a lawyer.

If you don't have enough income to get a lawyer, you can make a application for legal aid.

Who shall I contact

Warning  

If you have had personal injuryHowever, the local court no longer has jurisdiction. You must so seize the court of law.

The same applies in the case of non-material damage caused by acts of defamation.

Injury of more than EUR 5 000

To obtain damages, you must enter the court of law :

  • The place where the perpetrator resides
  • Or the place where the events occurred and/or caused you damage.
Who shall I contact

Before the court, the assistance of a lawyer is obligatory from the beginning of the procedure.

Who shall I contact

Please note

If you don't have enough income to get a lawyer, you can make a application for legal aid.

Full compensation for your damage

If the court convicts the perpetrator (or person) civilly liable) to pay you damages, the compensation must compensate you in full for your damage.

That means you're back in the position you would have been in had the harm not occurred.

However, the judge cannot award you more compensation than the amounts you have indicated in your claim for damages.

You can freely use the money you have received.

Please note

The amount of the compensation is evaluated at the date of the judgment that awards you damages.

Obtaining damages

Once the decision has been made, the person who caused your harm or the person who caused it civilly liable owes you a claim. So it becomes your debtor.

He must therefore pay you damages.

Amounts due can be paid to you spontaneously or at your request. In this case, it is not not necessary that the decision either notified to the debtor.

FYI  

If the debtor has called on his insurance during the trial, the insurer can compensate you instead.

If the debtor does not execute the judgment, you can appeal to a Commissioner of Justice for him to proceed to enforcement of this decision.

Please note

If you're represented by lawyers, they can act as intermediaries.

Criminal case

Step-by-step approach

To get damages, you must compile a file that gathers all the elements that make it possible to determine that your damage is compensable (e.g. attestations of your relatives, photos, medical certificates, expert opinions, etc.).

Your damage may give rise to the payment of damages when it is:

  • Certain. This means that you have suffered damage or that it is established that it will occur
  • Straight. This means that your harm is directly related to the offense committed
  • Personal. You must be the victim of the offense or have suffered the repercussions of the damage suffered by one of your relatives (example: when the father of a child has suffered violence that has physically marked him, the child traumatized by his father's condition can claim compensation from his non-material damage).

It may be bodily, moral or material damage.

Tableau - Types of damages compensable

Damage

Examples

Bodily injury

  • Death
  • Injuries
  • Cosmetic damage (for example, a scar on the face)

Non-material damage

  • Stress due to the loss of a loved one
  • Anxiety
  • Loss of opportunity to build a family
  • Loss of quality of life due to disability
  • Inability to engage in sports or leisure activities

Material damage

  • Destruction or degradation of property
  • Theft of your property
  • Loss of household income (e.g. death of a spouse)

In principle, the author and/or accomplice of the offense causing your harm may be ordered to pay you damages.

However, there are exceptions when:

  • The perpetrator or accomplice has died. In this case, it is his heirs who must compensate you. Your request must be made before the civil courts.
  • Another person is responsible the perpetrator (e.g. the employer in the case of an offense committed by an employee).
    In this case, you have to wait until the perpetrator has been convicted to make your claim for damages to the person responsible for it.

FYI  

If you are a victim of certain offenses (example: , domestic violence which has resulted in total incapacity for work more than 8 days, sexual assault), you can request compensation from the Commission for the Compensation of Victims of Crime (Civi).

If the author of a infringement unintentional or the person responsible for it has liability insuranceYou can, however, reach a friendly agreement with his assurance.

To obtain compensation from the insurer of the perpetrator or the person responsible for it, you must notify your insurer by a statement of sinister.

This statement must include information about you:

  • Your first and last names
  • Your contract number and insurance enrollment date
  • The type of damage caused by the third party (for example, a personal injury caused by a dog bite)
  • The date, place and time of the occurrence of the disaster

It must also contain information specific to the perpetrator or the person responsible for the crime:

  • His first and last names
  • His date of birth 
  • Contact details (address, telephone number) 
  • His insurance company
  • The exact circumstances in which the infringement took place

Once you've explained all of those things with precision, you must indicate the subject of your claim (e.g. claim from the insurer of the perpetrator or the person responsible for the claim).

Your declaration must be accompanied by any supporting evidence to evaluate your damage (e.g. photos, videos, medical certificates, invoices, etc.)

Please note

If you have not taken out an insurance contract, you must forward this statement to the insurer of the offender or the person responsible for it.

If you cannot ship it directly to the insurer, you can send it to the person responsible for your damage registered mail with acknowledgement of receipt to send it himself.

If it is established that you have suffered damage, the insurer of the perpetrator or the person responsible for the act will offer you compensation.

FYI  

At the time of payment, the insurer may apply deductibles and guarantee ceilings, if so provided for in the insurance contract of the offender.

This may result in a reduction in the amount of your compensation.

If you are not satisfied with the amount of the insurance cover offered, you can try to reach an amicable agreement.

If you do not find an agreement with the insurer, you can go to court to make a claim for damages.

You can obtain damages before the criminal courts or before civil courts.

Criminal courts may impose a sentence (e.g. prison, fine) against the perpetrator and/or the accomplice and order him to compensate you.

However, civil courts may only award you damages.

Warning  

In any case, you must quantify the amount of the amounts that you request and provide any documentation to substantiate them.

Criminal jurisdiction

In order to obtain damages before a criminal court, you must to be a civil party.

The formation of civil parties may take place as soon as lodging of a complaint, until the end of the hearing.

If the accused person is found guilty, the criminal court may order it to compensate you.

If the person was prosecuted for committing an unintentional offense (example: unintentional injuries) and that it is relaxedHowever, the criminal court can still award you damages.

FYI  

For the facts of unintentional injuries or manslaughter, the perpetrator may call into question his company insurance. In this case, it will be up to the insurer to compensate you.

In criminal courts, you can be assisted by a lawyer.

Who shall I contact

Please note

If you don't have enough income to get a lawyer, you can make a application for legal aid.

Civil jurisdiction

To get damages, you must assign the perpetrator of the acts or the person responsible for them civilly liable.

Your assignment must contain the assessment of the amount of all damage that you've been through. It must also be accompanied by all documents proving that you are entitled to compensation (photos, videos, medical certificate, expertise, etc.).

Generally speaking, your request must be made within 5 years of the commission of the act which caused you damage.

However, if you have personal injury, your legal action must take place within 10 years of consolidation of your damage.

Depending on the amount you claim, the court with jurisdiction to consider your claim for damages is not the same.

Injury of less than EUR 5 000

When the amount of your request is less than €5,000, you must obligatory use an alternative dispute resolution procedure before bringing the matter before the competent court.

If you have not reached an amicable settlement through an alternative dispute resolution process, you must submit your claim to the community court :

  • The place of residence of the author of the act or of the person who is civilly liable
  • Or the place where the events occurred and/or caused you damage.

In front of the local court, you can be assisted by a lawyer.

If you don't have enough income to get a lawyer, you can make a application for legal aid.

Who shall I contact

Warning  

If you have had personal injuryHowever, the local court no longer has jurisdiction. You must so seize the court of law.

The same applies in the case of non-material damage caused by acts of defamation.

Injury of more than EUR 5 000

To obtain damages, you must enter the court of law :

  • The place where the perpetrator resides
  • Or the place where the events occurred and/or caused you damage.
Who shall I contact

Before the court, the assistance of a lawyer is obligatory from the beginning of the procedure.

Who shall I contact

Please note

If you don't have enough income to get a lawyer, you can make a application for legal aid.

The judge may order the perpetrator to pay you damages. The amount that will be granted to you may not be greater than the amount indicated in your claim.

The manner in which you are to be paid damages depends on the sentence imposed on the perpetrator.

Répondez aux questions successives et les réponses s’afficheront automatiquement

General case

If you entered a criminal jurisdictionHowever, it is his decision that must be enforced by the perpetrator. When you have entered a civil court, the payment of damages shall be ordered by a civil judgment.

Criminal judgment

Once the decision has been made, the perpetrator (or the person responsible for it)) owes you a claim. So it becomes your debtor.

As soon as the debtor becomes aware of the criminal decision, he can begin to pay you the damages due to you. The payment is made spontaneously or at your request.

If each of you is represented by a lawyer, they can act as intermediaries.

FYI  

If the perpetrator's insurance company was involved prior to the hearing, compensation may be paid to you by the insurer.

If the debtor does not execute the judgment, you can appeal to a Commissioner of Justice for him to proceed to enforcement of this decision.

If no payment has been made within 2 months depending on the judgment, you can enter the Service d'aide au recovery des victims d'infraction (Sarvi).

Civil judgment

Once the decision has been made, the person who caused your harm or the person who caused it civilly liable owes you a claim. So it becomes your debtor.

He must therefore pay you damages.

FYI  

If the debtor brought his insurance company before the trial, the insurer can compensate you instead.

Amounts due can be paid to you spontaneously or at your request. In this case, it is not not necessary that the decision either notified to the debtor.

If the debtor does not execute the judgment, you can appeal to a Commissioner of Justice for him to proceed to enforcement of this decision.

Please note

If you're represented by lawyers, they can act as intermediaries.

Suspended prison sentence

The offender may be sentenced to imprisonment with reprieve and the payment of damages.

In this case, the conditions of compensation shall be determined by the sentencing application judge.

In the event of difficulties in recovering sums, it is possible to inform:

  • The judge of application of the sentences under the jurisdiction of the court of justice in spring of which the place of residence of the perpetrator is located
  • Or the Jap: titleContent who made the decision if you do not know the address of the perpetrator
  • Or the Prison Service for Insertion and Probation (SPIP) in whose jurisdiction your domicile

If no payment has been made within 2 months depending on the judgment, you can enter the Service d'aide au recovery des victims d'infraction (Sarvi).

FYI  

If the perpetrator's insurance company was involved prior to the hearing, compensation may be paid to you by the insurer.

Who shall I contact

Imprisonment Sentence of

The offender may be sentenced to a imprisonment sentence of and compensation to the victim.

The imprisoned person has a registered account into which money can be paid. Part of this account is reserved for the compensation of civil parties.

In case of final conviction, the institution shall be informed of the existence of civil parties and the amount of their claim. The head of the establishment must ensure that the sums are regularly paid to the civil parties.

In case of difficulty in the overlay damages, it is possible to appeal:

  • At the registry of the prison in which the perpetrator is located so that part of his resources may be transmitted to you
  • To a Commissioner of Justice for him to proceed to enforcement of the decision.

FYI  

If the perpetrator's insurance company was involved prior to the hearing, compensation may be paid to you by the insurer.

Who can help me?

Find who can answer your questions in your region

FAQ