Personal Injury Legal Fees in France

The first consultation is free — what about further work?

The initial discussion helps identify the main features of your situation, the steps already taken and the questions that need attention. It is free and does not oblige you to instruct the firm or begin legal proceedings.

The first consultation page explains how to prepare. This page focuses on the financial terms of any further assistance.

Can you obtain an initial estimate after an accident?

Yes. An initial indication of the possible terms of engagement can be discussed after the main information has been considered. Useful points include the type and approximate date of the accident, the stage reached in the claim, any medical examination or compensation offer, and the work you would like the firm to undertake.

You do not need to send your complete medical file with your first enquiry. Start with a short description; the firm can then explain which documents are needed and how to provide them.

Where the information is not yet sufficient to assess the work reliably, the firm can identify what needs to be clarified before giving a more precise indication. The estimate relates to legal assistance, not to a guaranteed amount of compensation.

Why do legal fees depend on the particular claim?

Two personal injury claims may look similar but require very different work. The proposed fees take account of the scope of the mission and the complexity of the assistance.

Relevant factors may include:

• the circumstances of the accident, the nature of the claim and any urgency;
• the injuries and their consequences, insofar as they affect the work required;
• the volume of medical and administrative documents to examine;
• an insurer-led or court-ordered medical examination to prepare for or analyse;
• an existing compensation offer and the losses that need to be assessed;
• the correspondence, negotiations or legal proceedings that may be necessary;
• the financial, professional and personal issues involved in the claim.

The terms are considered individually rather than inferred from the accident type alone.

What does the written fee agreement explain?

Before the firm undertakes the agreed ongoing work, a written fee agreement — a convention d’honoraires — records the scope of the mission and the applicable financial terms.

The agreement can explain:

• which work is included in the mission;
• the fixed fee or other method of charging for the work undertaken;
• any additional success fee and how it is calculated;
• the billing arrangements and when payments are due;
• the treatment of foreseeable costs and disbursements;
• the terms applicable if the scope changes or the mission ends.

Read the agreement before signing and ask for clarification where needed. The general requirement for a written agreement, subject to statutory exceptions, and the duty to explain fees and foreseeable costs are set out in the official French texts below.

Additional success fees in personal injury claims

Depending on the case, the fee agreement may provide for remuneration for the work undertaken together with an additional success fee, known as an honoraire de résultat.

French law prohibits fees based solely on the outcome of litigation. It permits an additional fee linked to the result obtained or service provided alongside remuneration for the work carried out. This distinction is set out in Article 10 of the Law of 31 December 1971 (French).

Can legal expenses insurance cover part of the fees?

A policy may include legal expenses cover, known in France as protection juridique. Depending on its terms, it may contribute towards some of the fees or costs. Check your motor, household, bank card or other relevant policies rather than assuming that cover is available.

The scope of cover, exclusions, reporting requirements and reimbursement limits need to be checked. An insurer’s contribution may not cover the full amount agreed with the firm. Insurance funding and the fee agreement are separate matters.

Within the scope of the French legal expenses insurance rules, the insured person’s freedom to choose a lawyer is protected by Article L. 127-3 of the Insurance Code (French).

Legal fees, expenses and other professionals

The firm’s legal fees should be distinguished from expenses relating to the case and the fees of other professionals. Depending on the circumstances, a claim may involve an independent doctor advising the injured person, an expert or a judicial officer known in France as a commissaire de justice.

The need for these services and how their costs would be paid should be discussed before they are arranged. A fee agreement should make clear how foreseeable costs and disbursements are treated. Do not assume that every external cost is included in the firm’s fees.

Does the first consultation require you to instruct the firm?

No. You can discuss your situation and the possible terms of assistance without committing to ongoing representation. You are not required to commence legal proceedings.

If further assistance is proposed, its scope and financial terms are explained and recorded in the fee agreement before that work begins. Making an enquiry does not itself mean that the firm has accepted the case.