Is it possible to request a new medical assessment several years after an accident?

Is it possible to request a new medical assessment several years after an accident?

After a traffic accident, a medical incident or any other event resulting in a personal injury, the victim may think that their case is definitively closed once they have received compensation.

However, it is not uncommon for a person’s state of health to change several years after their injuries have healed.

New pains appear, the after-effects worsen, or new difficulties arise in everyday life.

The law allows the victim to request a reassessment of their condition if it has worsened since the initial compensation was awarded. However, they must still prove that this worsening is directly linked to the original accident.

A short story expertise is possible should the patient’s condition worsen

Compensation for personal injury is generally paid once the victim’s condition is considered to have reached a state of consolidation, that is to say, once it has stabilised from a medical point of view.

However, this consolidation does not mean that the victim’s condition will remain unchanged for ever.

If, after several years, new after-effects arise or if injuries for which compensation has already been paid worsen, the victim may request that their case be reopened under the worsening of bodily injury.

This deterioration may result, in particular, from increased pain, a greater loss of independence, and a rise in permanent functional impairment or even new support needs.

However, not all changes in a person’s condition constitute an aggravation in the legal sense. The victim must demonstrate that the deterioration in their condition is directly attributable to the initial accident and not to a separate illness, natural ageing or a degenerative condition.

How do I obtain a new medical assessment?

The first step is to consult your GP or a specialist in order to obtain a medical certificate describing the progression of your condition.

This document will serve as supporting evidence for the claim submitted to the insurer or, if necessary, to the court.

Where the medical evidence makes it sufficiently plausible that the condition has worsened, a medical assessment of worsening condition can be organised.

Its aim is to compare the victim’s current condition with that recorded during the initial assessment.

In particular, the expert will need to determine whether the worsening of the condition is indeed linked to the accident, set a new date for the condition to stabilise, if applicable, and assess any further harm suffered.

This expert assessment is of particular importance, as it directly determines the amount of additional compensation that may be awarded.

It is often recommended to seek assistance from a general practitioner or by a personal injury solicitor so that all the consequences of the worsening situation are properly taken into account.

Is there a time limit for applying for a new compensation ?

Contrary to popular belief, signing a compensation agreement or a settlement with the insurer does not necessarily prevent the victim from taking further legal action.

The article 2226 of the Civil Code provides that the time limit for bringing a claim for compensation for personal injury expires after ten years from the date on which the initial or aggravated injury became permanent.

In other words, where a worsening of the condition is medically confirmed, a new ten-year period begins to run from the date on which that worsening is established.

The victim may therefore claim compensation for further damage which came to light after the first expert assessment, without calling into question the sums already paid to him.

In practice, a deterioration in one’s condition may occur ten, twenty or even thirty years after an accident. It is therefore essential to keep all documents relating to the original case: expert reports, medical certificates, accident reports and any compensation documents.

These documents will make it easier to demonstrate the link between the original accident and the subsequent development of the patient’s condition.

Where an aggravating circumstance is recognised, the victim may therefore be awarded a additional compensation corresponding to the new losses suffered.

Support from a solicitor enables you to put together a strong case, prepare the medical report and ensure that all damages are properly assessed.