MEDICAL EXPERTISE IN PERSONAL INJURY LAW: PROCEDURES AND ISSUES

Medical expertise in personal injury

In the event of bodily injury resulting from a traffic accidentIn the event of an accident, an assault or an incident that occurs in everyday life, the victim has the right to be compensated in full for all of their losses. To compensate the victim, it is necessary to carry out a medical expertise. The aim of this examination is make a financial assessment the victim's injuries and after-effects.

In many cases, the medical expert is a doctor sent by the insurance company, so it is crucial for the victim to know how to proceed during such an expert assessment.

The medical assessment process

Medical expertise can be carried out on an "amicable" basis or as a result of legal proceedings.

The ultimate aim of these assessments is to evaluate the the victim's injuries. However, there are certain differences in the way they are implemented.

Out-of-court expertise :

As mentioned in the introduction, this expertise is initiated by the insurance companywho will summon the victim to attend the assessment.

The doctor in charge of the assessment will be sent by the insurance company. The insurance company will cover the full cost of his fees, which undoubtedly raise doubts about impartiality of its analysis.

Victims are therefore advised to bring with them a a full copy of their medical records so that this document can be appended to the expert report.

Victims are also strongly advised to call on the services of a medical advisor to victims. The latter may assist the victim during the expert appraisal procedure, insisting on certain areas of injury that have been overlooked or undervalued by the insurance company's doctor.

It is also possible to call on the services of a victim's medical officer. He or she will carry out a medical second opinion if the first took place without his presence.

Forensic expertise :

If the victim is dissatisfied, he or she can initiate summary proceedings to obtain a judicial medical assessment. Unlike an amicable appraisal, a judicial appraisal is carried out by an expert. independent expert. It is deemed to be contradictory and will constitute a privileged means of proof.

However, the request for such a measure must be justified by a legitimate interest in accordance with Article 145 of the Code of Civil Procedure. This is also more expensive, but ultimately results in a better assessment of the damage.

The challenges of medical expertise (Medical expertise in personal injury)

The expert report, whether amicable or judicial, is a key stage in the compensation of the victim's injury. This report will detail the different types of loss These include cosmetic damage, the cost of adapted accommodation and loss of professional earnings.

The amicable expert's report will enable the insurance company to establish its claim. offer of compensation.

Forensic expertise, on the other hand, will make it possible to provide a solid support to the judge in order to set the total amount of compensation. He will not be obliged to follow the amounts in the expert's report. Nevertheless, it is relatively rare for the amounts set by the court to differ greatly from those given by the legal expert.

Although more expensive, theThe judicial medical expertise In the most serious cases, it is often possible to obtain better compensation than through an amicable expert assessment.