Personal injury law is an area of law under the law of torts that serves to protect and compensate you for harm caused by other people’s actions and omissions. Under the law of tort, everyone owes you a duty of care, and you equally owe them the same duty.
When one breaches this duty of care, the victim has the right to seek legal reparations in the form of damages.
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What is a Personal Injury?
Personal injury occurs when you sustain physical, mental, or emotional injury resulting from the action or inaction of another person. Victims are entitled to claim damages for suffering caused by the wrongdoing of the wrongdoer.
As the victim, you have a right to file a criminal or civil case. While filed as a civil matter, the operational law is the law of tort, personal injury law to be specific. The United Arabs Emirates Civil Law permits the filling of compensation claims for personal injuries.
Most Common Types of Personal Injury Claims
The legal principle underlying personal injury claims is breach of duty of care through the negligence, misconduct, or carelessness of the party at fault. There are numerous forms of personal injury claims depending on the type of accident and the severity of sustained injuries.
Being a civil matter, the negligent party is responsible for compensating the victim in damages. However, when the case is filed as a criminal case, the party at fault will be subjected to sanctions such as fines, community service, and imprisonment.
Personal injury takes the form of a tortious liability under the law of negligence. The law sets up a reasonable standard of care owed between parties. Liability arises when one of the parties breaches the duty owed to the other, resulting in injuries to the victim of the breach.
For instance, when a consumer is injured by a defective product, the producer is liable for compensating the victim for sustained injuries. Strict liability is imposed on the producer to ascertain that the products are safe for human consumption.
Below are the most common types of personal injury claims:
- Vehicle accidents
- Wrongful death
- Slip and fall
- Medical malpractice
- Product liability
- Dangerous drugs
- Workplace accidents
- Defamation, slander, and libel
Can I Make a Personal Injury Claim?
The short answer is yes. You can always file a personal injury claim after suffering injuries resulting from another party’s negligent act or omission.
However, it is important to consult with professional personal injury attorneys, who will help you assess the weight of your case. Some claims end up being thrown out of court for lack of any substantive issue of determination.
If, after consulting with our personal injury lawyers in UAE, it’s found out that you have a substantive case, the matter proceeds to the next stage. Your lawyer can help you secure compensation without moving to court by instigating negotiations with the party at fault.
What Can I Claim for In a Personal Injury Compensation Claim?
The compensation that you can recover through a personal injury claim will depend on the severity of the injury, consequential losses and costs, your contributory negligence, and the circumstances of the case.
The damage must be recognizable and must result from a clear chain of actions causing the claimant’s pain and suffering. Proving the damages in a personal injury claim is often challenging due to factors such as multiple potential causes of the injury and pre-existing medical conditions.
Due to that complexity, expert medical evidence is a key piece of the personal injury claim puzzle. Below are some of the things you claim compensation for in a personal injury claim in UAE:
- Material and physical damages
- Moral damages under Article 293 of the Civil Code
- Damages for loss of earnings under Article 292 of the Civil Code
- Damages for loss of opportunity
- Potential damages in future
What are Personal Injury Claims Under Dubai or UAE Laws?
In the United Arabs Emirates, personal injury claims are governed under the provisions of the Civil Code (Federal Law No. 5 of 1985). Dubai takes a somewhat different approach to personal injury cases, as evidenced in the case of McDonald’s Coffee (Liebeck Vs. McDonald’s).
UAE courts tend to focus on offering punitive damages rather than compensatory damages. This approach helps reduce the court’s backlog while dispensing justice simultaneously.
In Dubai, compensation for physical and psychological injury is limited to an amount limited to two years’ income. However, it will also include compensation for loss of earnings and the cost of future cases.
In addition, the UAE has a no-fault compensation scheme where the victims cannot prove the other party’s negligence. The scheme ensures that the victim receives a maximum of amount for significant injuries, even when negligence can’t be established, Get in touch with LawyersUAE for a consultation on injury compensations.
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Meta Description: If you’ve been injured in an accident in the UAE, find out what your options are and how to get the compensation you deserve for your medical expenses.
