Medical Examination for a Personal Injury Claim in France

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.

The initial consultation is free and without obligation. A detailed review of records or ongoing assistance is a separate step: the scope and fees are discussed before an engagement is agreed. Read about legal fees .

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:

For an initial enquiry, you do not need to send your complete medical records. The firm will indicate which documents are useful and how to transmit them. Avoid including unnecessary sensitive medical details in the contact form.

Should you be assisted by an independent medical adviser?

Preparing without support may make it harder to organise the documents, explain all the consequences of the accident or identify medical points that need discussion. Important limitations or practical difficulties can be overlooked.

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.

An independent doctor advising the injured person can help prepare the examination, explain the medical issues and identify omissions or findings that need to be discussed. This support does not guarantee a particular conclusion or level of compensation.

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.

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.

The report does not, by itself, determine the amount of compensation. The medical findings must be considered alongside the legal and financial assessment of the losses. In civil proceedings, Article 246 of the French Code of Civil Procedure provides that the judge is not bound by the expert’s findings or conclusions.

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.

Telephone and video appointments refer here to discussions with the firm. Arrangements for the medical examination itself must be checked separately.