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French ‘aggravation’ claims for further compensation after deterioration of health

In most countries it is not possible to make a second claim for compensation for a personal injury.  However, if you were injured in France and your condition has deteriorated, then in certain circumstances it may be possible to pursue a new claim even if you have already received compensation.

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.

Examples of this might be where a limb was amputated and now requires a replacement prothesis, or where osteoarthritis has developed to the extent that further treatment is required, or that you are now unable to work or to function independently.

This is known as a French ‘aggravation’ claim and secondary compensation may be available for additional damage, suffering, incapacity, care needs and any financial losses associated with the deterioration.

Our bilingual and dual-qualified (English & French) personal injury lawyers are highly experienced in helping people who suffer a deterioration of their condition.

We are accredited by APIL, the Association of Personal Injury Lawyers, and have strong links with France.

The types of claim we can help you with:

We can assist you with claiming compensation for an aggravation of your injuries arising from any types of accidents, such as:

  • Road traffic accidents;
  • Cycling accidents;
  • Skiing and snowboarding accidents;
  • Accidents in a public place such as a hotel, airport, restaurant, night-club, leisure centre etc;
  • Injuries resulting from a criminal act.

We will need to instruct a medico-legal expert to assess whether the deterioration is medically significant and to what extent it increases your level of suffering, your permanent incapacity, your needs for care and assistance, your ability to work etc.

Call: +44 (0) 207 602 0305 ENQUIRE NOW

We offer a free initial consultation.

We will tell you if we think you have a good case and if we can help you.

We will not use your information for any other purpose.

Is there a time limit?

It does not matter when your accident occurred; it may be as long as 10, 20 or even 30 years ago. What is important is to determine when your condition started to deteriorate. Usually, the input of a medico-legal expert will be essential to determine that date, as well as when the deterioration of your condition consolidated, i.e. stabilised.

You then still have ten years to start a claim. However, please do not delay seeking advice, as this is not necessarily a straightforward question.

Our track record of success

The solicitors and French-qualified avocats at Pierre Thomas have a strong reputation for recovering compensation for people injured in accidents in France and suffering a deterioration of their condition.

Recent cases include:

  • Settled for €41,600 the aggravation claim of a French man domiciled in England, who suffered a deterioration of his shoulder injury some years after settlement of his initial claim.
  • Brought in the English courts the second claim of an English victim of a road traffic accident in France in 1991, where the initial claim went through the French courts (we secured jurisdiction of the English court in what was the first reported case of its kind: Tate v Allianz).
  • Secured a 6-figure settlement in the second claim of a victim who suffered serious pelvis and hip injuries, as his condition deteriorated to the extent that he required a hip replacement.
  • Pursued in France the aggravation claim of a British victim who suffered serious dental injuries in a RTA in 1985.
  • Acted for the English victim of very serious physical internal and psychiatric injuries following a road traffic accident in France in 1997 in respect of the recent deterioration of her condition, since her first claim settled in 2010.

Frequently asked questions

We offer a free initial consultation.

We will tell you if we think you have a good case and if we can help you.

We will not use your information for any other purpose.

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