Statutory Reservation for new damages or aggravated damages (personal injury): Article 6.37 of the Belgian Civil Code
Article 6.37 BW introduces a statutory reservation for new or aggravated damage for injured parties who have already received compensation. This means that injured parties can still claim additional compensation for damage that comes to light later, provided this damage has not yet been taken into account and could not reasonably have been known. Insurers should therefore clearly and separately specify the different damage items in settlement agreements to easily determine new or aggravated damage.