A personal injury is one suffered physically, psychologically, or emotionally. If the other party was at fault for the injury, the injured party is entitled to compensation. If the defaulter had insurance to protect himself, the victim may bring a claim against either the individual who is found guilty in a criminal proceeding or his insurance provider. The filing of a compensation claim for harm damages is permitted by UAE civil law.

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Compensation for accidents and personal injuries:

Police need to be called if an accident occurs and someone is hurt. Calling the police is necessary and mandated by law, regardless of whether the collision is deemed a minor one or a serious one. The individual should go to the closest police station at the same time or later (as soon as feasible) and file a report if the police are unable to get at the scene of the accident.

An accident report and site documentation will be made by the police. A automobile accident, a workplace accident, or any other type of purposeful or unintentional harm might be among the various causes of an accident. In the instance of criminal liability, the defaulter will be punished with fines and imprisonment if the criminal court finds him or her guilty.

Individual Injury:

A physical, emotional, or mental injury is referred to as a personal injury. If the other party was at fault for the injury, the injured party is entitled to compensation. If the defaulter had insurance to protect himself, the victim might make a claim against the insurer or the individual who was found guilty in a criminal proceeding.

According to a section of the UAE Civil Code, “No criminal punishment shall restrict the extent of the civil liability or the assessment of the compensation, and civil liability shall be without prejudice to criminal culpability, provided that the components of criminal liability are present.”

The following papers must be presented with the claim:

  • A draft or pleading outlining the harms, together with specifics on the requests and damages.
  • The police statement (that includes full investigation report with the accident scene)
  • A copy of the decision in the police case, together with a certificate from the public defender, for the verdict.
  • A medical report from a licenced hospital or doctor that states the degree of impairment. The petitioner may request that a doctor be appointed by the court to assess the bodily injuries as well.
  • All medical bills and related paperwork.
  • Salary contracts and other additional sources of income that were impacted by the injury.

Compensation:

The type of damage, the expenditures and losses it results in, the medical reports, and the loss caused by the injury will all affect the amount of compensation that may be collected. For the purpose of determining the claim amount, a medical experts report or medical disability report is a crucial document. The court may take the following costs into account:

  • Medical cost
  • Physical harm
  • Mental agony
  • Loss of earning
  • Potential Future damages
  • Court fee.

Committee for Mediation:

The mediation committee will receive a legal case as its initial step. Through the process of mediation, the parties try to resolve their differences.

Court of First Instance:

The next step is to file a case in the first instance court if the dispute has not been addressed or resolved by the court through the mediation committee. Following the filing of the lawsuit, the defendant will reply to the petitioner’s pleading and the court will inform the opposing party. Typically, the defendant will either reject the demand, make a counteroffer, or accept it.

The amount of damages awarded by the court will be equivalent to the injuries sustained at the time of the occurrence. In order to determine the amount of compensation and issue the judgement, the court often takes into account the medical report, the person’s age, income, and other variables. According to the UAE civil code, the court has the authority to choose the sum.

The losing party may challenge the decision made by the first instance court depending on the particulars of the case.

A murdered person may get a maximum of AED 200,000 (Two hundred thousand) in “Diya” (blood money) in a criminal prosecution, and the legal heirs of the deceased may also pursue compensation under civil law.

Exclusion of Claims:

“No claim for compensation arising out of a harmful act shall be heard after the expiration of three years from the day on which the victim became aware of the occurrence of the harm and of the identity of the person responsible for it, and no claim for compensation shall in any case be heard upon the expiration of fifteen years from the day on which the harmful act took place,” states Article 298 of the UAE civil code.

Sara Advocates and Legal Consultants helps you claim compensation for accidents and personal injuries. Our lawyers will examine your case thoroughly and give legal advice. They will make sure you get compensated enough for all your pain and emotional suffering. Call us now our