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How to re-open my claim for damages when my injuries worsen?

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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