The United Arab Emirates government is actively promoting laws and regulations to safeguard the citizens’ personal health, property, and morality. It includes the legal regulations for resolution of the personal injury compensation claims in the UAE. Emirati nationals and foreigners use them for seeking compensation for physical, emotional, and financial injuries.
Process to file for a personal injury claim in the UAE
Follow this procedure for filing legal cases with accident lawyers for resolving personal injury compensation claims in the UAE.
- Understand your eligibility for the personal injury compensation claim in the UAE. Eligibility depends on the type of the injury claim that you are filing. For personal injury recovery claims, you need to prove the negligence of the employer causing the injury.
- Gather evidence, including medical records, witness statements, and a paper trail. Because, the burden of proof falls on the claimant in the UAE.
- File the injury compensation claim in the relevant court or arbitration center. You can approach a civil court for personal injury claims. However, you have to resolve the contract disputes through commercial arbitration.
- Consider hiring professional lawyers specializing in the personal injury compensation claims. Complete understanding of the UAE law enables them to avoid common pitfalls, and expertly represent your interests in court.
- Inform the accused party in writing of their negligence, detailing the accident and the injuries.
- In case, the culprit party fails to respond. Then send a formal injury claim notice demanding compensation within 15 days.
- If no response is got within the time-frame, the claimant can file a court case.
- However, the defendant can file a counter-suit for defamation, libel, or slander against the accuser.
- In the event, there is a counter-suit, then submit valid evidence to support the claims made.
- This process ensures that the party injuring someone is held accountable for their actions.
Documents to claim personal injury compensation in the UAE
These are the necessary documents for filing a claim under the UAE personal injury laws.
- A valid UAE salary contract
- Draft or pleading of personal injuries
- Police report of the personal injuries
- Judgment copy of the Police case
- Medical report stating the percentage of disability
- Diagnostic records and rehabilitation expenses bills
- Elaboration of the impact on the income
Types of personal injury litigation claims in the UAE
Here are some major types of the personal injury claims in the UAE.
Physical injury and material damage claims
First-of-all, the UAE’s legal framework differentiates between bodily injuries and material damage. Physical injury means harm to a person’s health or physical well-being. Whereas, material damage means the financial losses resulting from such injury, such as medical bills or lost wages. UAE’s courts can award both types of damages to compensate the victims for their injuries.
Moral and emotional damage claims
The Article 293 of the UAE Civil Code acknowledges moral harm part of the personal injury compensation in several cases. For example, infringement on liberty, dignity, reputation, or social standing, etc. Therefore, the courts in Dubai can award compensation for psychological harm or emotional distress.
Also, the UAE’s labor laws enable the employees to file lawsuits for the potential mental and emotional damages. However, they need to give the concrete evidence of the potential psychological harms, for preventing speculative losses to the employers. They’ve to submit valid proofs to substantiate claims, ensuring fair compensation on actual or foreseeable harms, rather than hypothetical scenarios.
Breach of contract claims
Contractual breaches can lead to costly consequences, and it is essential to seek compensation for any breach. Common remedy for a breach of contract includes compensatory damages. It provides financial compensation to cover losses like lost income or expenses.
Specific performance as a legal remedy orders the party who broke the contract to carry out the original obligations. These remedies are tailor-made to tackle different situations. Accordingly, they can include business deals, landlords not making necessary repairs or unique items.
In cases involving real estate or unique items, the UAE court may order the party to financially compensate the buyer. Or the court may order the seller to complete the sale as agreed with the buyer. In summary, if a breach of contract occurs, seeking compensation can greatly help recover the monetary losses.
