The damage is definitively fixed at

This decision provides important insight into your family and property rights. Here is what it means for you.

The situation

The damage is definitively fixed at the date on which the judge delivers their decision. A fresh claim for compensation in respect of the same facts may only be brought subsequently where the victim's condition has worsened, or where it is based on an element of compensable loss which only came to light after the judgment on the initial claim (judgments nos. 1 and 2). Reservations formally acknowledged for the reimbursement of possible and future benefits cannot allow the victim to have the loss reassessed where its amount was determined by a decision that has become final (judgment no. 1). Accordingly, having found that the victim of an accident was not seeking compensation for loss arising from a relapse, or from a worsening of her condition, even a temporary one, but from a manifestation relating to the after-effects already taken into account in the assessment of the rate of permanent partial disability by the previous final decision, the tribunal lawfully justified its decision in dismissing her claim for reimbursement of treatment costs incurred after that decision (judgment no. 1). Conversely, however, a decision is liable to be quashed by the Cour de cassation where it allows the claim of a social security fund against the third party responsible for a road traffic accident constituting a workplace accident, for reimbursement of additional benefits paid to the victim after the decision which definitively fixed the loss, to the extent of the share of compensation borne by that third party, without ascertaining whether those benefits related to a worsening of the victim's condition or concerned an element of the loss which, although existing at the date of the initial decision, only came to light after the judgment (judgment no. 2).

What the law says

This decision confirms the fundamental principles of French property law.

Key points to remember

• Strictly observe the statutory time limits for appeals
• Keep all your supporting documents (title deeds, legal instruments, correspondence)
• Plan ahead: preventive advice is always less costly than litigation

For an analysis of your situation: 30-minute consultation at €70 with Maître Perucca.