[Direct answer]In the Beijing area, after the judgment takes effect, the necessary treatment costs incurred subsequently can usually still be claimed separately through litigation, without violating the principle of "no double prosecution for the same matter". According to Article 6 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" (amended on February 15, 2022 and implemented on May 1, 2022), the right to compensation for subsequent treatment costs can be claimed separately after the actual occurrence. The original judgment dealt with the expenses incurred before the judgment. The necessary treatment costs that arise after the judgment and are causally related to the current damage belong to new and independent claims, and can be claimed again. It is recommended to keep the newly generated medical records, receipts, and diagnosis certificates to prove the connection between the expenses and the original infringement, and to file a lawsuit within the statute of limitations. For more details, please refer to the following link:Personal injury and medical dispute services.

1. Problem background and typical scenarios

In personal injury cases, "new expenses after judgment" often arise due to the evolution of the injury. Typical scenarios include: the original trial only handled the initial hospitalization fees, but subsequent complications require further treatment; infection after internal fixation surgery requires secondary debridement; nerve damage gradually manifests after the judgment and requires rehabilitation; and expenses such as removing steel plates and plastic surgery, which were originally planned but not handled in the original trial. Many litigants mistakenly believe that "once the judgment is issued, everything is settled," and give up claiming these new expenses. Others worry that filing a new lawsuit will be rejected as "duplicate litigation." In fact, as long as the new expenses occur after the conclusion of the debate in the original trial and are causally related to the original injury, filing a separate lawsuit is legally justified. For cases involving work-related injuries, it can be combined withLabor arbitration and work-related injury compensation servicesDetermine the salary adjustment after the transfer.

II. Key points of contention

There are three focal points of the dispute. Firstly, the causality: whether the new expenses are caused by the original infringement, rather than the patient's own illness or new accidents, which need to be supported by medical records and appraisals. Secondly, the time node: whether the expenses truly occurred after the conclusion of the original trial debate. Those that have been dealt with or could have been foreseen in the original trial may be deemed to have been covered. Thirdly, the boundary of "non bis in idem": new claims and new facts are generally not regarded as repetitive litigation, but the parties must explain why the original trial did not deal with them. In practice, infringers often use the "already adjudicated" defense, and the court will review the novelty and relevance of the expenses. For cases involving enforcement, reference can be made to the relevant provisions.Creditor-debtor relations and enforcement case services.

III. Professional analysis by Hengluo Lawyers

Based on practical observations in handling subsequent claims for personal injury, the most common obstacle in proving the causality and timeline of post-verdict new expenses is the lack of supporting evidence. If the original trial already pointed out the need to retrieve steel plates but the plaintiff failed to claim them, the subsequent lawsuit may be deemed as requiring comprehensive handling; however, if the new complications or treatments truly occurred after the verdict, the court usually accepts the claim. Hengluo Lawyers typically recommend the following: 1. Claim all foreseeable subsequent expenses during the original trial. 2. For expenses genuinely incurred after the verdict, immediately document the new medical records, examination reports, and expense receipts, and retrieve the causality determination from the original trial file as evidence. 3. If necessary, apply for a judicial appraisal to prove the connection between the new expenses and the original injury to avoid accusations of "calculating old injuries as new ones". 4. For complex cases, a seamless transition to further legal proceedings is recommended.Special services and other case services.

IV. Practical suggestions and legal basis

The legal basis is Article 1179 of the Civil Code of the People's Republic of China (effective January 1, 2021) (compensation for reasonable expenses of treatment) and Article 6 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Personal Injury Compensation Cases (amended on February 15, 2022 and effective May 1, 2022) (follow-up treatment expenses can be sued separately after they actually occur). Practical suggestions: document and keep records of new treatment immediately after the judgment; the correlation between new expenses and the original injury shall be proved by medical records and appraisal certificates; pay attention to the statute of limitations, which is three years from the date when you know your rights have been infringed, and the statute of limitations for continued treatment of the injury shall be calculated from the date when the treatment ends; when suing separately, submit the original judgment and evidence of causality. For cases involving criminal incidental civil actions, it can be combined with the above-mentioned provisions.Criminal defense and criminal case filing servicesHandle it.

5. Henglu Law Firm's Reminder

The judgment is not the end of the claim. The plaintiff can still claim the new fees after the judgment, but the prerequisite are that the fees must be "newly incurred, relevant, and supported by evidence". The most reliable approach is to include the foreseeable follow-up fees in the original judgment to reduce the cost of filing a separate lawsuit. If the fees truly arise after the judgment, it is essential to secure medical records and invoices as soon as possible to avoid evidence loss. It is important to distinguish between "the plaintiff should have claimed but failed to do so in the original trial" and "the new fees objectively arise after the judgment". The former may be rejected. Keeping the original judgment and the determination of causality is key to successfully filing a separate lawsuit. If you need to assess whether a separate lawsuit is feasible, you can seek assistance from a professional.Special services and other case servicesVerify the border.

VI. Frequently Asked Questions

Q1: The judgment has already taken effect. If I sue for the new treatment fees now, will my claim be rejected?

Not necessarily. What the court reviews is "whether it constitutes a duplicative lawsuit". If the new expenses occurred after the conclusion of the original trial debate, were not addressed in the original trial, and have a causal relationship with the original infringement, they constitute new facts and claims, and do not violate the principle of "non bis in idem", so they should be accepted. However, if the expenses already existed during the original trial and were foreseeable but not claimed, the subsequent lawsuit may be deemed to be a consolidated case and be dismissed. Therefore, whether the case can be registered depends on whether the expenses "arose after the judgment" and whether there is evidence of a causal relationship. If you prepare new medical records, invoices, and the original trial judgment, there will usually be no major obstacles to registering the case.

Q2: If the patient files a lawsuit for new treatment fees after the trial, what evidence should they prepare?

The core evidence includes: the original judgment (proving that the original infringement and causality have been identified), the newly-arisen outpatient and hospitalization medical records after the judgment, examination reports, diagnosis certificates, medical expense receipts and lists, as well as materials proving the correlation between the new expenses and the original injuries (such as medical orders stating "complications caused by the original injury"). If the correlation is in doubt, a judicial appraisal can be applied for. The organization of evidence revolves around the three points of "newly arising—necessity—and causality with the original injury". The more complete the materials are, the more likely they are to distinguish from the expenses already handled in the original trial and avoid being recognized as duplicate claims.

Q3: How much will it cost in attorney's fees and litigation fees to file a separate lawsuit after the trial?

The litigation fees shall be accumulated in accordance with the amount of the new treatment costs and the "Measures for the Payment of Litigation Fees", and shall be borne by the losing party or shared proportionally. Lawyer's fees shall be calculated on a case-by-case basis or on a proportional basis, subject to the terms of the entrustment contract, with no standard pricing. Since the subject matter of a separate lawsuit is usually smaller than that of the main case, the costs are relatively manageable. It is recommended to calculate the total amount of new costs that can be supported before filing a lawsuit, compare it with the litigation fees and lawyer's fees, and actively assert claims that are obviously reasonable and involve substantial amounts; for claims involving extremely small amounts, the costs can be weighed against the benefits. If an appraisal fee is required to prove the relevance, it shall be prepaid first and then shared according to the results.

Q4: If the new treatment fees after the trial are claimed separately, how long does it usually take to get the results and receive the money?

As an independent case, the trial period is similar to that of the main case: the first-instance ordinary procedure is completed within six months, and the summary procedure is completed within three months; where the facts are clear, the summary procedure may be applied. After the judgment takes effect, the enforcement process begins, and the recovery of the payment depends on the debtor's assets and the insurance coverage. If the debtor in the original case has already obtained preservation or insurance coverage, the enforcement will be faster. Overall, it usually takes several months from the filing of the independent case to the recovery of the payment, and in complex cases, the enforcement may even span across years. It is recommended to provide clues to the debtor's assets at the same time when filing the independent case, and if necessary, apply for preservation to shorten the recovery period.

Q5: After the judgment, I incurred additional treatment costs. What should I do first?

There are four steps to follow: First, immediately establish a medical record for the new treatment, keeping all medical records, examinations, and bills, and have the doctor write down the connection with the original injury in the records; Second, retrieve the original judgment and confirm that the causality has been established, which can be used as the basis for a separate lawsuit; Third, determine whether the new expenses occurred after the judgment and were not addressed in the original trial. If necessary, apply for an appraisal to prove the connection; Fourth, file a separate lawsuit within the statute of limitations, submitting the original judgment, evidence of new expenses, and causality materials. Never give up just because "the case has already been adjudicated", and don't mix the new expenses with enforcement objections. If necessary, hire a lawyer to assess the feasibility of a separate lawsuit.

The above answer is based on the judicial practice in the Beijing area. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limit.Personal injury legal services·Beijing Hengluo Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.