Civil / criminal liability and insurance law

Civil liability gives a person rights to obtain redress from a third person who has caused personal injury. Strictly speaking, the liability occurs beyond any contractual relationship. More broadly speaking, civil liability may also set out responsibility for a contractual partner, i.e. contractual liability. Lastly, civil liability also exists when the State causes the prejudice (State liability). In order to compensate the loss, be it personal injury or damage to property, the person responsible for the injury shall pay the person injured a sum of monies, called liquidated damages or moral redress.

Criminal liability concerns the person who violates the criminal law (Criminal Code and criminal provisions in other law acts) and, therefore, risks a criminal sanction by the State. In some situations, criminal liability leads to civil liability of the perpetrator.

If you are concerned by the above, you may ask for legal advice and be represented by Séverine Monferini Nuoffer, for instance in the following situations (as victim or perpetrator):

  • Traffic accident as victim or perpetrator (or both, i.e. shared responsibilities); work accident (construction site, fabric, etc.) in which a third person is involved (colleague, employer, cocontractor, etc.); private or accident in the home in which a third person (for instance, a neighbour, owner, etc.) is involved.
  • Voluntary and involuntary acts which cause prejudice to your physical, mental or sexual integrity, or property damages.
  • Medical liability.
  • Illegal act or violation of a contract by a public entity.

Social and private insurance law aims atprovidingprotection from risks (for instance, loss of revenue due to age, to invalidity, to death, to illness, to accident, to non-employment; financial loss due to your civil liability, to a property damage…). In accordance with the aforementioned risks, the following insurances will apply: AVS, AI, LPP, LAA, insurance for financial loss, non-employment insurance, life insurance, civil liability insurance private/vehicle/company, insurance for prejudice caused on a third car, home insurance, etc.

 If you are concerned by the above, you may ask for legal advice and be represented by Séverine Monferini Nuoffer, for instance in the following situations (as insured person or insurer):

  • Work incapacity/invalidity and dispute with the invalidity insurance for pension (when the invalidity rate is disputed), professional reorientation or other invalidity benefits; death or invalidity and dispute with the pension insurer concerning survivors’ or invalidity pensions; disability and dispute with the financial loss insurer concerning daily benefits.
  • Accident where a third person may be involved and dispute with the accident insurer concerning financial loss daily benefits, invalidity pension, compensation for personal injury (where either the principle of compensation or its rate is disputed).
  • Civil liability recognised and where the insurance cover or either exclusion is disputed, etc..
  • Refusal of benefits in any of the above-mentioned insurances based on concealment or wilful misrepresentation.ontact Séverine Monferini Nuoffer (link to « my page »).
For further information, please contact Séverine Monferini Nuoffer