Accidents can happen at any point, any time, any place, and anywhere. Here the important step is to understand the ways to avoid it and if it happens how to respond. Some necessary steps need to be taken if anyone gets injured.
This article provides you a comprehensive insight into what to do when accidents and personal injury takes place in the UAE. It also explains personal injury compensation and the way of seeking it. Visit the Top Advocates in DUBAI for direct legal support.
Report an Accident at Once
Whatever the size, nature, or timing of the accident, it is essential to report. You must call the police. It is the legal responsibility of any responsible citizen to report an accident to the police.
The police will take up the investigations at once. They will try to assess the series of events. It is done to collect pieces of evidence. In case, if the police were not present at the scene, it would interrogate the involved parties.
Therefore, the involved parties might need to visit the nearest police station. It is advisable to register your accident as soon as possible.
Following this, the police will document the accident site. They will investigate the site of a car accident, a worksite incident, or any form of damage that occurred.
In case any party is involved in criminal responsibility then it is a serious matter. If the criminal court declares a party guilty then they may face penalties. It can be in the form of heavy fines, jail sentences, and even lifetime imprisonment.
Personal Injury Claims in the UAE:
Any Personal injury involves a lot of physical, emotional, and mental trauma. Henceforth, if any person is injured due to another person’s wrongdoing, they have the right to claim for the sustained harm or damages.
The victim of the accident has the right to file a case with the police. The case is filed against the guilty party in a criminal case. The case can also be filed against their insurance company.
The UAE has a civil law that allows for filing compensation claims related to injury damages. all such cases fall under the category of tortious liability.
Documentation needed for a Compensation or a Claim in the UAE:
There is a list of documents needed to file for the claims or to seek compensation against them. It requires a draft or pleading details regarding the injuries, harms, damages, and demands.
Besides, the Police report is also needed. The police report contains a full-fledged investigation report concerning the accident. It also gives details about the accident scene, what happened and how.
Furthermore, a copy of the Judgment of the police case is also attached. A certificate from the public prosecution for the final judgment is also required.
In addition, medical reports are needed that indicate the percentage of disability. It is obtained from an authorized hospital, medical professional, or doctor. The court in the UAE may choose to appoint a doctor or physician. They will take up the examination of the physical damages.
All the medical records and expense bills are also attached to it. Moreover, salary contracts and other sources of earnings are also needed that are impacted by the injury.
Ways to Calculate the Compensation against a Personal Injury in the UAE:
The amount of compensation relies upon the nature and severity of the injury. Besides, it also accounts for the other factors including the associated costs and losses attached to the accident.
Additionally, medical reports also play a crucial role. The medical reports will help in determining the claim amount.
It will consider factors like medical costs, physical harm, mental agony or pain, loss of earnings, potential future damages, court fees, and others.
Compensation Proceedings in the UAE Courts:
The first effort is made to amicably resolve the matter. It is done to avoid the potential court proceedings in a personal injury case.
Therefore, before filing a lawsuit, parties must attempt to settle the issue. It takes place with the insurance company. A proper legal notice is sent.
Legal heirs of a deceased person can be awarded with Diya. Diya is awarded only in a criminal case in the UAE. Diya has a maximum of AED 200,000. All the legal heirs can file for a compensation claim. It’s done under the UAE civil law.
There is a Limitation of Claims under the UAE civil Law. Any claim should be made within 3 years. It can only be accounted for in 3 years. No claim is entertained after 15 years on the day of the harmful action.
A line of action:
It is essential to understand accidents and personal injury. The process involves reporting the incident, gathering necessary documents, calculating compensation based on various factors, and navigating legal proceedings.
Seeking the services of a well-educated and well-qualified personal injury lawyer is important, He can help with amicable settlement of the matter especially before the insurance companies.
Special Note: If content is found, outdated, OLD, or incomplete then we will not take any liability and responsibility. Please meet with top UAE Advocates and Legal Consultants like Al Shaiba Advocates and Legal Cosultants.
