Accident and Aggravation of Damage: Requirement for Established Liability and Initial Damage

Can a victim claim compensation for the aggravation of their damage if the initial damage has not yet been determined?


In a judgment delivered on 11 July 2024, the Second Civil Chamber of the Court of Cassation held that a claim for compensation on the grounds of aggravated damage may only succeed where the liability of the alleged tortfeasor for the initial damage has been established, and the initial damage suffered by the victim has been determined.

Civ. 2nd, 11 July 2024, No. 23-10.688