In Switzerland, what are my (personal injury) rights after an accident ?

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Whether it's a road accident (car, motorcycle, scooter, bicycle, scooter, etc.), a ski, snowboard and any other sports accident, a work accident, etc., you have the right to claim compensation for damages caused by someone else. The members of your family or your household will be able, under certain circumstances, to make their own claims.

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If the conditions are met, under Swiss law you are entitled to claim the following damages : 

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1. All your expenses, including attorney's fees;

2. Current and future lost wages, if your earning capacity diminished following the accident;  

3. Prospective loss of earning capacity;

4. Loss of retirement income;

5. Loss of autonomy;

6. Loss of housekeeping capacity;

7. Pain and suffering; 

8. And maybe others (the law and practice are constantly evolving). 

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How should I go about it?

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First of all, if the accident resulted in personal injury or damage to property, and all the more so if you have not yet contacted an attorney, it is advisable that you file a criminal complaint against the person(s) at fault, within three months starting on the day of the accident, in order to safeguard your rights. The criminal investigation will determine who is liable for the accident. 

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In order to claim damages, depending on the circumstances, under Swiss law you would first have to claim benefits from the applicable social insurances : apply for daily allowances, annuities, etc. Once all the social insurances have issued decisions, the balance of the damages may be claimed from the person who was liable (and from their car, bicycle, motorcycle or civil or professional liability insurance).  In the meantime, you may claim down payments. Beware, however, of the various statutes of limitations while waiting for those decisions.

 

Should I hire an lawyer?

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The decision is up to you. However, while claiming dmages you will have to negotiate with insurance specialists. An attorney who specialises in the field will do whatever is necessary for you to be properly compensated an will also claim attorney fees from the liable person, so you won't actually have to pay for the legal representation yourself (see below). 

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Who will pay the lawyer's fees?

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The person at fault must bear the fees. The fees will either be reimbursed to you, or directly covered by installments paid be the liable person and his or her insurance. You may also be entitled to legal aid.  Your legal expenses insurance might also cover the fees. Be wary though if your legal expenses insurance decides to defend you without hiring a lawyer. You should double check with an attorney who specialises in the field.