After the consolidation period, a victim of bodily injury can reopen his compensation file in the event that his state of health deteriorates. However, it is essential that the aggravation follows the initial bodily injury.
Compensation following a worsening state of health
Although the consolidation period has passed, the victim of bodily injury may request a reconsideration of his compensation. Aggravation designates additional damage, other than the damage established during the first medical expert reports and mentioned in the victim’s file.
No other external factor can be accepted. A medical certificate relating to the worsening of the state of health then serves as a supporting document. You should know that compensation for this type of damage is not based on the compensation that has been paid before. It is calculated according to the gravity of the new damages.
Procedures for reopening the compensation file
The victim has the possibility of making a request for compensation amicably or through the courts. She can send a new claim directly to the insurer as well as the medical certificate used to justify the aggravation. The references for the initial file must also be attached to these documents.
However, the victim can also appeal to a judge to order a new medical examination. Thereafter, the expertise will be undertaken to verify whether the state of health has really deteriorated due to the initial bodily injury. If the appraisal validates the aggravation, the insurer will offer compensation to the victim.
In general, the victim can request the reopening of their aggravation file at any time. However, it should be noted that the limitation period for initiating procedures relating to the aggravation of bodily injury is 10 years from the consolidation period.
