Why Filing A Civil Case For Personal Injury Claims In UAE Is Important?

Personal injury claims can be launched or files by the victim through a personal injury lawyer against the person or insurance company who caused the injury. However, there is a prerequisite that needs to be fulfilled for an accident injury claim to be filed in the civil court of Dubai or any emirates in the UAE.

There should be a criminal case and a verdict against the person for the wrongful act performed. Only after that, the victim can launch a personal injury claim against that person or his insurance company for the damages caused by his wrongful act.

It should be highlighted that criminal liability does not have an impact or influence on the civil liability (claimed amount of the injuries) of the incident, but the result must be in your favor.

What Documents Are Required For Filing A Civil Case For Personal Injury Claims?

In the UAE, personal injury claims can be filed under civil law, and they fall under tortious liability. Matters related to personal injury are covered under the Civil code of the Federal Law Of 1985 and covered by numerous articles in the Constitution.

The victim is required to submit the following documents when filing for a personal injuries claim:

A document detailing down the injuries along with the list of damages caused and the demands to compensate for the personal injury caused
The police report provides the full investigation report along with the sight of the incident
The police case judgement copy and the public prosecution certificate of the final judgement
The percentage of disability faced by the victim as a result of the personal injury that is attested by an authorised doctor or If the victim does not have this information, then he can request the court to bring in a Medical Expert for the assessment of the disability
The victim’s medical record and bills of expenses
Proof of economic impact on the victim due to the personal injury. This can be the employment contract, salary certificate and other proof of income that has been impacted by the personal injury

How To Fund My Personal Injury Claim After An Accident?

You can fund your personal injury claims in the following ways provided below:

Under the “no-win-no-fee” arrangement also known as conditional fee agreement, the victim would not have to bear the financial risk of pursuing the claim and they would not be required to pay the lawyer’s fee up front. Under this condition, you would not be required to pay any legal fees until the claim is successful.
Our attorneys or lawyers can help you with your civil case, so you can get compensation to pay all your expenses and get back on your feet as soon as possible. We charge AED 1000 for registering with us and 15% of the claimed amount of the civil case (after you receive the money). Our legal team puts you first, no matter what, that is why we charge the lowest fees as compared to other law firms.

How To Prove ‘Pain And Suffering’ In An Injury Claim Or Compensation?

Numerous techniques can be employed to provide evidence of pain and suffering due to a personal injury that falls in line with the injury law. Medical bills, records, and reports along with a photograph of the injuries can be collected and presented to the insurance company or the court at the time of the claim.

Expert testimony and psychiatric consultation can be used to prove the pain and suffering faced by the victim. Pain and suffering are non-economic factors but require scrutiny so that the impact of these factors can be quantified and compensated properly.

Your Whole Future Could Depend Upon Full Compensation

To the company or individuals, you are claiming against – your case may be an annoying expense. But for you as the victim, it could be life changing.

Your injuries may reduce your earning capacity in the future. They may prevent you working in the future in the same job ever again.
Your injuries may lead to future medical expenses such as surgery, medical aids or medication.
You may have suffered life changing emotional distress as a result of your injuries.

Full compensation for your injuries will not take away the distress and pain of an accident but it will help you live with it. And once the financial stress is removed, your compensation will help you focus on your health and recovery.

According to statistics, when you hire a personal injury attorney you will receive far more compensation that would be possible than if you decided to go with the civil case alone. This means that although lawyers’ fees will need to be paid, your final settlement will be far higher than otherwise possible so can easily accommodate this extra cost.

When To Hire A Personal Injury Lawyer?

In small incidents, there is no need to bring in a personal injury lawyer if a suitable settlement offer is presented by the opposing party and the impact of the incident is not significant. However, in complicated cases like an accident resulting in brain injury, spinal injury or disability to the victim, an accident claim lawyer should be brought in immediately.

To summarize, a personal injury lawyer should be brought in immediately when:

When you are certain that the opposing party was responsible for the incident, but the insurance company has declined to pay for the claim.
If the case is complicated. The case can be complicated due to the involvement of many parties. In such instances, the personal injury lawyers aid in highlighting the defendants that are responsible and how the liability should be shared amongst them
When a settlement is offered but you think that it is not reasonable. Under such circumstances, an experienced personal injury lawyer should be brought into the fold before accepting the unreasonable settlement offer.

Benefits Of Hiring Personal Injury Lawyer

Professionalism and Objectivity: Following an incident, a victim and people close to him may not be the best people to be making decisions as their decisions could be clouded by the physical and emotional trauma of the incident. Following an incident, the focus of the victim’s close ones is to take care of the victim’s medical and physical needs. Filing and pursuing an injury claim takes a backseat. During such a period, it is necessary to bring in a personal injury lawyer, who can solely look after the claim process and ensure that the best compensation is received for the grievous injuries.
Strong Negotiations: A layman would not be well-versed in negotiating with insurance companies or legal firms as opposed to a personal injury lawyer, who does this job to earn their bread and butter. Therefore, an injury lawyer is more likely to get a better settlement than pursuing a claim by yourself.
Faster Compensation: You would have to heal completely before pursuing a personal injury claim. However, if a good personal injury lawyer is hired then the process starts at an earlier time and the overall process also happens at a faster pace as the accident claim lawyer is more well-versed and has a better follow-up in pursuing the claim.

What Is The First Step For A Claim?

The victim will start the process by filing a claim in the mediation committee for the personal injury caused by the perpetrator. The role of the mediation committee is to bring the two parties together to agree to a settlement on the personal injury issue.

What Happens At The First Instance Court In A Compensation Case?

If the mediation committee is unable to resolve the matter between the two parties then the victim files a lawsuit in the first instance court. The victim will become a petitioner in a court of law.

After the case is filed in the first instance court, the court will serve a notice to the perpetrator, who will play the role of the defendant in the eyes of the court. The defendant has the option to either accept, reject or present a counter-offer to the demands put forward by the petitioner.

How Compensation For Personal Injury Damages Is Calculated?

The direct and indirect connection between the perpetrator’s act and the injury caused to the victim is used as a basis to calculate the damages for any personal injury caused to the victim. The tortious liability law comes into effect that entitles the victim to receive compensation against damages or losses to the victim. The damages and losses to the victim can be either direct or indirect. Direct income can be loss of income, property, or medical expenses due to personal injury.

The compensation amount depends on a case-to-case basis and relies on the following factors:

Victim’s age
The harm caused to the victim
Moral sufferings faced by the victim
Medical expenditure incurred by the victim to recover from the personal injury
The victim’s income and the expenditure incurred to take care of his family

The judge has the power to decide the amount of compensation under the UAE civil code after putting into consideration the above factors. After the judge announces the amount of compensation under the UAE civil law, if either party thinks that the compensation is unjustified then they have the right to challenge the decision in the appellate court.

The petitioner can have an opinion that they can be entitled to higher compensation and the judge has not fully accounted for everything in the compensation. On the other hand, the defendant can think that the compensation ordered by the judge is unjust and unfair and they are either not guilty or should be forced to pay out a lower compensation for the personal injuries to the petitioner.

How Personal Injury Lawyer In UAE Can Help You Get You A Higher Compensation?

The law can be confusing, and courts can be difficult to navigate for the family member or an inexperienced lawyer of the injured person. But if you’re injured at work or at a car and road accident, you should feel confident that your injury case will be handled with the utmost care by an experienced attorney who specialized in injury compensation cases.

Choosing a legal team to represent you in an injury case is an important decision. As you navigate the free market for legal services, it’s important to know what questions to ask and how to choose the best lawyer for you and in addition you are far more likely to receive higher compensation if you have legal representation on your side. Even if you feel confident that you can represent your own interests, the truth is that without the assistance of a qualified and experienced attorney, you are unlikely to be able to ensure that justice will be done in the way that you deserve.

Specialized Law Firm In Injury Claim Cases In Dubai, UAE

We are a specialized law firm that specifically handles any injury claims and compensation in car or work accident cases. Our firm is the best in the business, so if you have been badly hurt or injured in an accident, you are very likely to qualify for compensation for your injuries.

Personal Injury Cases Can Be Complex

Personal injury cases are never straightforward, and no two cases are ever the same. So, unless you have the time, resources, and a good knowledge of the legal process, this is not the time to learn the skills you need to represent yourself.

A specialised personal injury attorney spends years of practice and come with experience learned from previous cases. Your lawyer will have a professional network and experience with working with other lawyers. You by contrast may be injured and worried about your future, emotionally involved and angry and you lack the legal skills and objectivity of a professional attorney, and you may not have comprehensive knowledge of how to go about making your claim.

If your claim is against a major corporation example a big insurance company or a large firm, you know that they will do everything in their power to reduce liability or the claim amount. They always call in the big gun lawyers to ensure that your compensation is as low as possible. Hiring your own accident lawyer levels the playing field and gives you a far better chance of a good settlement than could be achieved by going it alone.

We Are A Specialized And Experienced Personal Injury Law Firm

In 1998, Our founders and senior advocates found a big gap in the market and decided to open an office to work on personal injury cases. We only had three other paralegals to help them begin their journey. They worked from the ground up and managed to turn their first office into a massive firm with multiple locations (Dubai, Abu Dhabi, Fujairah and Sharjah). Our personal injury law firm is now one of the largest in the entire country and handles hundreds of cases for citizens all throughout UAE.

We focus on helping you recover any financial compensation that you are entitled to. This money can help support you financially for any medical treatments or procedures you had to undergo after the accident, as well as cover any lost wages or suffering it might have caused you.

We are the top in our field and handle several types of negligence cases, such as medical or legal malpractice, vehicular accidents, aviation accidents, childcare negligence, wrongful death suits, among other negligent incidents.

We charge AED 5000 for registering with us and 20% of the claimed amount after you have won the civil case (only after you receive the money). Contact us to get started right away.

Call or WhatsApp us at +971506531334 +971558018669