In most legal systems, it is not possible to make a second claim for compensation for a personal injury. A claim for damages following an accident is usually settled once and for all.
However, if you were injured in France, received compensation from an insurer – or were awarded damages by a court, but your condition has deteriorated since then, in certain circumstances it will be possible to pursue a new claim for damages.
For a second claim to be successful, it is essential that the alleged deteriorated condition was not already envisaged and included in the initial compensation. This is usually a medical question subject to assessment by a medico-legal expert.
For instance, if you have developed osteoarthritis on the site of a fracture, which restricts your mobility to a greater extent than when the initial compensation claim was settled, you can claim for the difference in mobility/functioning, the additional pain and suffering, additional care and assistance required, etc.
This is known as an ‘aggravation’ claim.
Our bilingual and dual-qualified (English & French) personal injury lawyers are highly experienced in helping people who suffer a deterioration of their condition.
Please check our dedicated page for further information and examples of cases we have been dealing with: French aggravation claims – Pierre Thomas Law
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We will tell you if we think you have a good case and if we can help you.
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