Medical consolidation: the date that fixes the compensation

These two notions are often wrongly confused.

• Recovery means a return to the prior state, with no after-effects.
• Consolidation merely records that the condition has stabilised — whether or not after-effects remain. An amputee is consolidated on the day their medical situation stops evolving, even though a permanent disability remains.

Until consolidation is reached, the permanent loss cannot be assessed with certainty: a compensation offer made before consolidation should therefore be examined with caution.

The consolidation date governs the entire assessment. It determines:

• the allocation of heads of loss between the temporary period (temporary functional deficit, pain endured, current loss of earnings) and the permanent period (permanent functional deficit, future loss of earnings, professional impact) of the Dintilhac nomenclature;
• the assessment of the permanent functional deficit, expressed as a percentage by the medical expert, which can only be measured from consolidation;
• in principle, the starting point of the limitation period: the personal-injury claim is time-barred ten years from consolidation (Article 2226 of the Civil Code).

Consolidation is fixed during a medical examination, either amicable (arranged by the insurer or a guarantee fund) or judicial (ordered by the court). The doctor examines the victim, reviews the medical file and proposes a consolidation date together with an assessment of the after-effects.

• An adversarial examination lets the victim be assisted by their own medical adviser and attorney.
• The date proposed by the expert can be challenged: a consolidation fixed too early reduces the compensation for permanent losses.
• If the condition later worsens, a new examination and additional compensation remain possible.