What the expert decides — and what it means for you
The medical assessment is the key stage of the compensation procedure: it is the appointed medical expert who records your after-effects, sets the dates of consolidation (the point at which your condition is deemed stabilised) and of incapacity, and proposes a rate of permanent functional deficit (DFP). These figures form the basis for all the calculations that follow.
An undervaluation of the DFP by a few points, a consolidation date set prematurely, a head of loss omitted from the conclusions: every error has a direct impact on the final amount. In a serious case, the differences can amount to several hundred thousand euros.
Your rights during the assessment
- To be assisted by a médecin-conseil of your choice (an independent medical expert instructed by the victim)
- To be accompanied by your avocat (lawyer)
- To enter reservations in the assessment record if you disagree with the conclusions
- To request a sapiteur (a specialist expert) or a supplementary assessment in the event of disagreement
- To apply for a judicial counter-assessment if the report is unfavourable to you
What the victim risks without assistance
- Undervaluation of the heads of loss: assistance from a third party, professional impact, loss of amenity — regularly reduced or omitted in non-adversarial assessment reports.
- Absence of reservations in the record: without reservations entered during the session, it is very difficult to challenge the expert's conclusions once the report has been filed.
- A questionable DFP accepted without discussion: the proposed rate may be undervalued, but it is never shown to be so without prior medical preparation.
- Premature consolidation: a consolidation date set too early closes the door to future losses that are still evolving.
How the firm prepares the assessment with you
Ahead of the assessment, the firm:
- Reviews the entire medical file and identifies the heads of loss to be defended
- Instructs, where necessary, an independent médecin-conseil with expertise in your condition
- Prepares you to answer the expert's questions (description of after-effects, lost activities, professional impact)
- Drafts and sends the experts the preliminary questions and observations
During the assessment, the lawyer and the médecin-conseil ensure that every after-effect is recorded, that the necessary reservations are entered, and that the technical exchange with the expert is genuinely adversarial.
After the report is filed, the firm analyses the conclusions and, in the event of disagreement, takes the necessary steps to obtain a sapiteur or a judicial counter-assessment.
Amicable assessment and judicial assessment
There are two frameworks:
- The amicable assessment: arranged at the insurer's request or within the CCI procedure (ONIAM, France's compensation body for medical accidents). It is not adversarial as of right, but the victim may be assisted.
- The judicial assessment: ordered by the judge, adversarial by nature. The expert is appointed by the court; the parties may submit technical notes and request a sapiteur.
The strategy (accepting the amicable assessment or requesting a judicial assessment) is decided case by case, according to the initial conclusions and the medical complexity.
Is a medical assessment scheduled soon?
Contact the firm now — preparation beforehand is just as important as being present on the day. A first confidential discussion, with no obligation.
Request a call back within 24hTo find out more: Practical guide to how the medical assessment unfolds (in French) →