Final Compensation for Damage: Once Judgment Is Given, No Going Back

Imagine: you own a flat in Wattrelos. A tenant is injured falling down the stairs due to a defective step. You are held liable, your insurer pays. Five years later, the tenant returns with new physiotherapy bills. Can they claim additional compensation? The answer is no, unless their condition has worsened. This is what the Court of Cassation decided in 1973, and this rule remains in force today.

How do you know when damage has been finally redressed? When can a case be reopened? This question is crucial for any landlord, tenant or property professional in Comines and elsewhere. This Court of Cassation decision sets a clear limit: the judge assesses the total loss as of the date of judgment. Once paid, it is final.

In this article, I will dissect this decision, explain its reasoning and give you practical tips to avoid nasty surprises. Because if you are involved in a property dispute, knowing when compensation is final can save you from paying twice.

The facts: a story that happens every day

Mr X, owner of a building in Strasbourg, is sued by Ms Y, his tenant, after a fall in the common parts. The Strasbourg District Court, by judgment of 19 June 1972, orders Mr X and his insurer, Alpina insurance company, to pay damages to Ms Y. The judgment states that the loss is fully redressed.

But then: a few months later, Ms Y needs additional medical treatment not covered by the French national health insurance (Sécurité sociale). She sues Mr X and Alpina again before the same court to obtain reimbursement of these costs. She argues that this treatment was necessary and that she could not have foreseen it.

The District Court rules in her favour, ordering Alpina to pay. But Alpina appeals to the Court of Cassation. Before the Court of Cassation, the issue is simple: once the judge has fixed the total loss, can the victim come back and claim more?

The Court of Cassation quashes the judgment: no, she cannot. The authority of res judicata (the fact that a final court decision cannot be challenged) prevents it. And the payment made by the insurer discharges the tortfeasor and their successors. Only an aggravation of the victim's condition could justify a new claim.

The court's reasoning — explained

The Court of Cassation relies on Article 1382 of the Civil Code (now Article 1240 since 2016). This article provides that 'any act of a person which causes damage to another obliges the person by whose fault it occurred to make reparation'. Simple in appearance, but the question was: when is reparation complete?

The judges of the Court of Cassation answer: the damage is finally assessed as of the date the judge gives their decision. This means that the judge must assess the entirety of the loss suffered, including foreseeable future consequences. Once the judgment is given, the victim cannot claim further compensation for the same damaging event, unless a new element arises: an aggravation of their condition.

The decision is also based on two principles: res judicata (Article 1351 of the Civil Code, now Article 1355) and the discharging effect of payment. Res judicata prevents re-litigating what has been finally decided. Payment releases the debtor (here, the insurer) from their debt. If the victim could indefinitely come back for additional amounts, the insurer would never be released.

Alpina argued that the initial judgment had fixed the total loss. Ms Y retorted that the additional treatment was unforeseeable. The Court ruled in favour of the insurer: the initial judge is presumed to have assessed everything. If the victim did not claim a provisional award for future treatment, they cannot come back later.

This decision is not a revolution: it confirms settled case law. But it reminds us of a fundamental rule: once the damage is redressed, the page is turned. Hence the importance of properly assessing your losses from the outset.

What this means for you — practically

For a landlord in Comines: if your tenant is injured and you are ordered to compensate them, the insurer pays. Once the judgment is given, the tenant cannot come back with additional medical costs unless their condition worsens (for example, a new operation becomes necessary). But beware: if the judgment did not provide for an annuity for future treatment, you are safe. Example: your insurer pays €10,000 for a sprain. Two years later, the tenant needs an arthroscopy costing €3,000. They cannot claim it from you, because the judgment fixed the total loss.

For a victim tenant: you must be vigilant. Before the judge gives their decision, have all your losses assessed, including future treatment. If you omit physiotherapy sessions or treatments, you cannot claim them later. Obtain a thorough medical expert report and list everything. If your condition later worsens (infection, complication), you can go back to court, but only for the aggravation.

For a property professional (agent, notary, property manager): when advising a client on a transaction or letting, inform them of this rule. If you are involved in a loss (e.g., failure to maintain a building), know that once compensation is paid, you are discharged. Keep the receipts and judgments: they are proof.

Time limits? A claim for aggravation must be made within 5 years from the initial judgment (general limitation period). But it is better to act quickly: if the aggravation is discovered, apply to the court within 2 years of discovery.

Four tips to avoid this type of dispute

• Have all losses assessed from the start. If you are a victim, do not overlook any head: medical costs, loss of earnings, aesthetic damage, pain and suffering. Obtain a joint expert report with the opposing insurer.
• Negotiate a settlement or judgment that mentions 'full and final redress'. This will avoid any later challenge. If you are a landlord, insist that the agreement states there will be no further recourse.
• Keep all medical documents and receipts. In case of aggravation, you must prove that the condition deteriorated after the judgment. A dated medical certificate is essential.
• Consult a lawyer before accepting an offer. A landlord in Wattrelos once told me: 'I signed an amicable agreement, and two years later the tenant claimed an extra €5,000.' The agreement did not mention finality. A lawyer would have avoided that.

Further reading: related case law and developments

The 1973 decision is part of a consistent line of cases. Already in 1964, the Court of Cassation held that 'loss must be assessed as of the date the judge rules' (Civ. 2e, 19 March 1964). More recently, in 2010, the Court confirmed that 'reparation of loss must be full, without gain or loss for the victim' (Civ. 2e, 28 October 2010). This means the judge must assess everything, but once done, it is locked.

The trend is towards strengthening res judicata. Courts are increasingly strict: if the victim did not claim a provisional award for future treatment, they cannot come back. Conversely, the concept of aggravation is interpreted broadly: any change in health, even minor, can reopen the case. Example: a scar that becomes infected or chronic pain that appears.

For the future, note the Badinter Law of 1985 on road traffic accidents: it provides for a victim's claim in case of aggravation, but within strict time limits. The 1973 rule remains the reference for standard property disputes (falls, water damage, construction defects).

Key points to remember

1. Damage is assessed as of the date of judgment: once the decision is given, the loss is assessed once and for all.
2. No further claim except for aggravation: if the victim's condition worsens (new pathology, complication), they can go back to court. But they must prove the aggravation.
3. Res judicata blocks any new claim: the same dispute cannot be re-litigated between the same parties.
4. Payment discharges the tortfeasor: the insurer or landlord who has paid is finally discharged, except for aggravation.
5. Prepare your case in advance: list all losses, even future ones, before judgment. If you are a landlord, have the agreement state that the redress is full and final.

Are you in a similar situation? A first 30-minute consultation with Maître Zakine (€45) can save you months of proceedings — and often much more. Book an appointment →