Key points
- The medical assessment is an essential step in any personal injury compensation process.
- It makes it possible to evaluate the victim’s injuries, after-effects, and future needs.
- The expert report directly influences the amount of compensation.
- An insufficiently prepared assessment can lead to an underestimation of the losses suffered.
- A counter-assessment or court-appointed medical assessment may be considered in the event of disagreement.
- Support from a lawyer and an independent medical expert helps effectively defend the victim’s interests.
When a victim initiates a compensation process following an accident, the medical assessment is a decisive step.
Indeed, the medical assessment makes it possible to accurately evaluate injuries, after-effects, and future needs. It directly determines the amount of personal injury compensation.
Attorney Marilyne Letessier, a personal injury lawyer in Nice, assists victims in effectively preparing for this essential stage and in obtaining fair and full compensation.
What is a medical assessment?
A medical assessment is an evaluation carried out by a medical expert.
Its purpose is to:
- analyze the injuries
- determine the after-effects
- assess future needs
- determine the heads of loss
It therefore forms the basis of any compensation following a road traffic accident, a medical accident, or a life accident.
How does a medical assessment take place?
The medical assessment follows several steps.
First, the medical expert examines the victim and reviews their medical records.
Then, they ask questions about pain, daily difficulties, and the impact on personal and professional life.
Finally, an expert report is drafted.
This report is essential, as it will serve as the basis for discussions with insurers or before a court.
Why is the medical assessment so important?
The medical assessment directly determines the amount of compensation.
In practice, a poor assessment can lead to:
- an underestimation of the after-effects
- the omission of certain losses
- insufficient compensation
Conversely, a well-prepared assessment makes it possible to obtain compensation that reflects the true extent of the damage.
Can a medical assessment be challenged?
Yes, a medical assessment can be challenged.
Indeed, if the report is incomplete or unfavorable, several options are available:
- request a second opinion (counter-assessment)
- request a court-appointed medical assessment
- submit written observations
In this context, support from a lawyer helps to effectively defend the victim’s interests.
Why should you be supported during a medical assessment?
When facing medical experts appointed by insurers, victims may find themselves at a disadvantage.
This is why support makes it possible to:
- prepare the medical file
- anticipate the questions asked
- avoid detrimental mistakes
- present all heads of loss
Attorney Marilyne Letessier can assist the victim at this stage and work with independent medical experts to ensure a comprehensive and objective assessment.
Medical assessment and compensation: a direct link
The medical assessment determines every stage of personal injury compensation.
Thus, it makes it possible to determine:
- the duration of incapacity
- the rate of functional impairment
- the need for assistance
- professional losses
Therefore, a thorough assessment is essential to obtain appropriate compensation.
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Legal References and Useful Information
To better understand the role of the medical assessment in personal injury compensation, you may consult the following resources:
- Article 16-3 of the French Civil Code — sets out the principles governing medical procedures and the integrity of the human body.
- Article 9 of the French Code of Civil Procedure — governs the burden of proof and highlights the importance of medical evidence in compensation proceedings.
- Service-public.fr — information on medical assessments and procedures available to victims.
- French Association for the Support of Accident Victims (AFAVA) — information and resources for victims facing a medical assessment.
- Dintilhac Nomenclature — the reference framework used to identify and assess the various heads of compensable loss.
Frequently asked questions about medical assessments
How should you prepare for a medical assessment?
Before the assessment, it is essential to gather all medical documents: reports, test results, prescriptions, and certificates.
In addition, it is recommended to carefully note any pain, difficulties encountered, and the impact on daily life.
Finally, being supported allows you to approach this stage with greater confidence and effectiveness.
Should you be accompanied by an independent medical expert?
Yes, in many cases.
Indeed, an independent medical expert represents the victim’s interests when dealing with the expert appointed by the insurer.
Thus, it helps ensure a more balanced assessment of the after-effects.
Is a medical assessment mandatory?
In most cases, yes.
In practice, no meaningful compensation can be offered without a prior medical assessment.
Can you refuse a medical assessment?
No, but it is possible to discuss its terms and conditions.
However, the victim may request a joint (adversarial) assessment or a court-appointed assessment if necessary.