Preparing for the medical examination

Medical Examination for a Personal Injury Claim in France

Prepare for an insurer-led or court-ordered medical examination, identify the issues requiring particular attention and ensure that the full consequences of the accident are properly assessed.

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Preparing for a Medical Examination After an Accident

A medical examination for a personal injury claim in France is a key stage of the compensation process. It is used to assess the injuries, any lasting effects, medical stabilisation and the consequences of the accident for the injured person’s personal, family and professional life.

Pierre Nicolet, a member of the Paris Bar, assists people pursuing personal injury claims and those injured in road traffic accidents with preparing for the medical examination, reviewing the medical expert’s report and corresponding with the insurer or the other parties involved in the claim.

The firm’s role is to help you prepare for this stage methodically, gather the relevant documents and explain the practical consequences of the accident clearly and fully.

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What is a medical examination in a personal injury claim?

The purpose of the medical examination is to assess the injured person’s state of health following a road traffic accident or another event causing personal injury.

The examination may be arranged by an insurer, organised jointly by the parties or ordered by a court. The medical expert reviews the medical records, asks the injured person questions, carries out a clinical examination and considers the consequences of the accident for everyday, professional and family life.

The medical expert’s report often provides an important basis for the subsequent assessment of compensation. The injured person’s circumstances must therefore be presented fully, accurately and with appropriate supporting documents.

Why should the medical examination be prepared carefully?

A medical examination should not be treated as a mere formality. The expert’s conclusions may have a significant influence on the assessment of the different heads of loss and on the compensation offer subsequently made by the insurer.

Preparing in advance makes it possible to organise the relevant documents, identify the practical consequences of the accident, describe the difficulties experienced and avoid overlooking important information.

Preparation may include reviewing:

medical certificates;
hospital records;
medical imaging and test results;
evidence of time off work;
evidence of loss of earnings;
unreimbursed expenses;
difficulties experienced in everyday life;
professional and career consequences;
care or assistance provided by a family member or another person.

Which documents should be gathered before the examination?

Before the examination, it is advisable to gather the documents needed to describe the medical development of the injuries and the consequences of the accident.

These documents are not limited to medical records. Professional, administrative, financial and family documents may also be important where the accident has had practical consequences for the injured person’s life.

Documents that may be useful include:

the initial medical certificate;
hospital discharge summaries and medical records;
operation reports;
prescriptions;
medical imaging and test results;
evidence of time off work;
correspondence with the insurer;
the notice convening the medical examination;
receipts and evidence of expenses;
evidence of loss of earnings;
information about assistance provided by a family member or another person;
a written account of symptoms, limitations and difficulties since the accident.

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Should you be assisted by an independent medical adviser?

Attending a medical examination alone can expose the injured person to several difficulties: failing to explain all the consequences of the accident, forgetting important documents, minimising certain limitations or failing to identify issues that may affect the subsequent assessment of compensation.

In claims involving significant injuries, lasting effects, loss of earnings, professional consequences or disability, assistance from an independent doctor advising the injured person may be particularly valuable.

That doctor can help prepare the examination, provide medical support for the injured person’s account and reduce the risk of an incomplete or unfavourable report.

The lawyer’s role before and after the medical examination

Before the examination, the lawyer can analyse the circumstances of the claim, identify the relevant documents, prepare the issues requiring particular attention and correspond with the insurer or the other parties.

After the examination, the lawyer can review the medical expert’s report, check the heads of loss addressed, identify any omissions or possible underestimations and advise the injured person on the next steps.

The firm can assist with:

preparing for the medical examination;
organising the documents in the claim;
identifying the consequences that should be presented;
communicating with an independent medical adviser where appropriate;
reviewing the medical expert’s report;
challenging particular findings where necessary;
preparing for discussions about the compensation offer.

What can be done if the medical expert’s report appears incomplete?

A medical expert’s report may sometimes appear incomplete, imprecise or insufficient when compared with the consequences actually experienced by the injured person.

In that situation, the conclusions should be reviewed carefully. It may be necessary to check which documents were considered, identify any heads of loss that were omitted or inadequately addressed and consider the available next steps.

Depending on the circumstances, those steps may include written observations, further supporting documents, a request for clarification or an addendum, a further medical examination, negotiations with the insurer or court proceedings.

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The medical examination and the compensation offer

The medical examination is often followed by a compensation offer. The insurer will frequently rely on the findings set out in the medical expert’s report.

Before accepting an offer, it is important to check whether all relevant heads of loss have been considered. These may include loss of earnings, the impact on employment and career, care and assistance provided by another person, pain and suffering, lasting effects, unreimbursed expenses and losses suffered by family members.

The firm can review the offer and advise whether it should be accepted, negotiated or challenged.

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Assistance in Paris and throughout France

Based in Paris, the firm assists injured people with preparing for and following medical examinations in the Paris region and throughout France.

Meetings can be arranged at the office, by telephone or by video call, depending on your circumstances, your state of health and the stage reached in your claim.

Frequently Asked Questions

Should a medical examination be prepared in advance?

Yes. The medical examination is an important stage of the compensation process. Preparing in advance makes it possible to gather the relevant documents, describe the practical consequences of the accident and identify the issues requiring particular attention.

Can I attend the medical examination alone?

It is possible to attend alone, but doing so may expose the injured person to the risk of failing to explain all the consequences of the accident, forgetting documents, minimising certain difficulties or failing to identify matters that may affect the assessment of compensation.

In claims involving significant injuries, lasting effects, loss of earnings, professional consequences or disability, it is advisable to prepare the examination with a lawyer and, where appropriate, with an independent doctor advising the injured person.

What can I do if I disagree with the medical expert’s report?

Where the report appears incomplete, imprecise or unfavourable, it should be reviewed promptly so that the disputed points can be identified.

Depending on the claim, it may be appropriate to submit written observations, provide further documents, request an addendum, seek a further examination or enter into discussions with the insurer or the other parties.

Which documents should I take to the examination?

You can prepare the medical certificates, hospital records, operation reports, medical imaging, prescriptions, evidence of time off work, evidence of expenses, evidence of loss of earnings and any other document that helps explain the consequences of the accident.

Does the medical examination automatically determine compensation?

No. The medical expert’s report provides an important basis for the claim, but the assessment of compensation also requires a legal and financial analysis of the losses suffered by the injured person.

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