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Glossary — Personal injury

Adversarial medical assessment: do not attend alone

The medical assessment is where the amount of your compensation is, in practice, decided. Attending it assisted by your own medical adviser and attorney is the whole point of the adversarial process.

Why the adversarial nature matters

A non-adversarial assessment — where the victim attends alone facing only the insurer's doctor — tends to under-value the subjective heads, which rely heavily on the expert's appraisal.

  • The victim's medical adviser, independent of the insurer, defends a balanced medical reading of the file.
  • The attorney ensures procedure is respected, files written observations ("dires") and prepares the victim for questions.
  • The most disputed heads (pain endured, aesthetic damage, functional deficit, third-party assistance) are precisely those where assistance weighs most.

How the assessment unfolds

  1. Summons and prior exchange of medical records (the file must be complete).
  2. Clinical examination of the victim and discussion between doctors (the expert, the medical adviser).
  3. Draft report submitted to the parties' observations: the victim can contest a point before the final report.
  4. Final report fixing consolidation and the head-by-head assessment — the basis of the compensation figure.

Amicable or judicial

An amicable assessment is faster but arranged by the insurer. A judicial assessment, ordered by the court (often in summary proceedings under Article 145 of the Code of Civil Procedure), offers stronger guarantees of independence where the disagreement is significant. The choice between the two is a strategic decision.

A medical assessment coming up?

Do not attend alone. The first consultation is free and lets you organise your assistance (medical adviser + attorney) before the examination.