Liability & litigation
Defending you when your liability is engaged — or asserting your rights.
JANSSENS Law Firm defends your liability and asserts your rights, both amicably and before the courts. Contractual and extra-contractual liability (Book 6 of the Civil Code, in force since 2025), insurance claims, personal injury and medical malpractice, recourse actions, litigation and arbitration (CEPANI).
What you need to know
When can my civil liability be engaged?
Your liability may be engaged where fault, damage and a causal link are present. The new Book 6 of the Civil Code, in force since 1 January 2025, has modernised extra-contractual liability law, in particular its interplay with contractual liability. We analyse your exposure and build your defence.
Contractual or extra-contractual liability: what is the difference?
Contractual liability arises from the non-performance of a contract; extra-contractual liability, from a fault outside any contract. Book 6 of the Civil Code has eased their interplay and allows, under conditions, their combination. The regime, limitation periods and the extent of recoverable damage differ. We choose the basis most favourable to your situation.
How is personal injury compensated?
Compensation for personal injury seeks full reparation of the damage. It often relies on a medical expert assessment and on the Indicative Table to evaluate the heads of damage (incapacity, pain, aesthetic damage, third-party assistance). We defend the victim — or the insurer — at every stage of the assessment and valuation.
My insurer refuses to intervene: what can I do?
An insurer's refusal to intervene can be challenged. The policy conditions, the exclusions relied on and compliance with declaration deadlines must be checked. The Insurance Act of 4 April 2014 strictly governs the insurer's obligations. We challenge unjustified refusals and obtain cover.
What is a recourse action?
A recourse action allows the party who has compensated a victim to turn against the party truly responsible. The insurer who has paid, or a co-responsible party, can recover all or part of the sums from whoever must ultimately bear them. We identify the available recourse and exercise it within the time limits.
Is litigation or arbitration better?
The choice depends on the stakes, the confidentiality sought and the speed desired. Arbitration (notably through CEPANI) offers confidentiality and expertise, but at its own cost; court proceedings often remain better suited to ordinary disputes. We advise the most effective procedural strategy and conduct the litigation to its conclusion.