Home       Top Rated       Submit Article     Advanced Search     FAQ       Contact Us       Lawyers in India       Law Forum     RSS Feeds     

Register your Copyright Online

We offer copyright registration right from your desktop click here for details.

Latest Articles | Articles 2014 | Articles 2013 | Articles 2012 | Articles 2011 | Articles 2010 | Articles 2009 | Articles 2008 | Articles 2007 | Articles 2006 | Articles 2000-05

Search On:Laws in IndiaLawyers Search

Mutual Consent Divorce in Delhi
We provide fast, cost effective and Hassle free solution.
Contact us at Ph no: 9650499965 (Divorce Law Firm Delhi)
File Caveat in Supreme Court
Contact Ph no: +9650499965

Main Categories
 Accident Law
 Animal Laws
 Arbitration
 Aviation Law
 Banking and Finance laws
 Case Laws
 Civil Laws
 Company Law
 Constitutional Law
 Consumer laws
 Contracts laws
 Criminal law
 Drug laws
 Dubai laws
 Educational laws
 Employment / Labour laws
 Environmental Law
 family law
 Gay laws and Third Gender
 Human Rights laws
 Immigration laws
 Insurance / Accident Claim
 Intellectual Property
 International Law
 Juvenile Laws
 Law - lawyers & legal Profession
 Legal Aid and Lok Adalat
 Legal outsourcing
 Media laws
 Medico legal
 Miscellaneous
 Real estate laws
 Right To Information
 Tax Laws
 Torts Law
 Woman Issues
 Workplace Equality & Non-Discrimination
 Yet Another Category

More Options
 Most read articles
 Most rated articles

Subscription
Subscribe now and receive free articles and updates instantly.

Name
Email




Published : April 18, 2012 | Author : alrowaad
Category : Dubai laws | Total Views : 5552 | Rating :

  
alrowaad
Hassan Mohsen Elhais After qualifying as a lawyer in his native Egypt within the fields of Criminal and Public Law, Mr. Mohsen Elhais has been practicing in Dubai for the past seven years. Working exclusively with Al Rowaad Advocates, Hassan is an effective leader of the company, the spokesperson and driving force. Hassan has a strong ethical stance with regards to the place of the law firm and its work on behalf of the client, from clarity on the legal process through to the fee system. Specialising in the drafting of all statement of claim, memos and consultation with regards to all kind of litigations, Hassan has worked his way through the ranks of Al Rowaad Advocates from joining as Legal Advisor to his current role as Managing Partner.
 

Road Traffic Injury & Accidents

Being involved in a road traffic accident can leave you with anything from whiplash and bruising to serious head and spinal injuries. If you are unfortunate enough to be involved in a horrific road accident, which was not your fault, then you may be entitled for a personal injury compensation claim. If you were a party travelling in a taxi, or a bus then you may be entitled for a claim from an insurance company. These kinds of claims are commonly known as personal injury claim. The crux of the issue lies in claiming the compensation amount. One cannot overlook the emotional distress, or psychological harm Victim has gone through; however, it does boil down to the damages claimed and the gravity of harm suffered by victim. In this essay, we provide a brief overview of how courts procedures influence the compensation claimed and factors which may come into play whilst the proceedings.

A brief Analysis
According to the Art 282, 283 and 284 of the Federal Law No. 5 (Civil Transactions of 1985), road accidents causing personal injury will fall under tortuous liability. The damages are calculated based solely on the direct or indirect connection between the doer’s act and injury inflicted. The victim becomes entitled to all the damages/looses borne as a result of the accident which may include any damages to clothing, property, loss of earnings, moral and psychological harm.

The amount of compensation varies from case to case basis and it depends on several factors such as:
- Income of the victim and the amount he/she spent on supporting his family;
- How old was he/she at the time of accident;
- The limit of harm inflicted to the aggrieved person;
- The moral sufferings he/she faced;
- The amount he/she spent on the medical reports and treatment;

The judge will award damages to victim after taking these factors into account. The amount remains solely at his discretion. In order to recover compensation there needs to be an establishment of fault. Tortious liability consists of three elements: fault, damage and a causal link. Causation of event by itself is not sufficient to create legal liability. Proving existence of fault and damage will often held to entail presumption of causation link which may be rebutted if there is an intervention by a foreign element. Another way of establishing causation is through ‘but-for’ test. The ‘but-for’ test inquires ‘But for the defendant’s act, would the harm have occurred’? It asks was it ‘necessary’ for the defendant’s act to have occurred for the harm to have occurred. The causal link may be broken or presumption may be rebutted by an intervention of a foreign element such as a third party’s act, or victim’s contribution.

A question which often arises in claims for compensation based on acts which are also a subject matter of criminal proceedings is the extent of which the findings of the criminal court are binding on the Civil Court entertaining the claim. The position, which seems to have been uniformly held, is that a criminal judgment is binding on a Civil Court in the appropriate situations to the extent to which the Criminal Court has determined the facts as a necessary for the disposal of the Criminal Case. In cassation petition 163 of 1999, it was held that:

The binding effect of a criminal judgment is restricted to matters the determination of which was vital for supporting the judgment, such as the fault of the accused and the causation link between the fault and the damage”.

Conclusion
The concepts like negligence, duty of care and factual causation do not exist in the laws of UAE. However, the do exist in principle and are enforced regularly by the courts. One has to go through the complex court’s proceedings and findings to claim compensation—which of course is based solely at court’s discretion.

***************************
# “Any act which causes damage to another person either directly or indirectly entails obligating the doer to pay compensation. The damage shall be regarded as a direct if there is direct connection between the act and the damage.”

Authors contact info - articles The  author can be reached at: alrowaad@legalserviceindia.com




1 2 3 4 5
Rate this article!     Poor
Excellent    

Most viewed articles in Dubai laws category
Road Traffic Injury & Accidents
Drugs and the Law in Dubai
Labour Law in the UAE
Marriage Dissolution: Compensation
Alcohol & Licensing in Dubai
Traffic Offences in Dubai
Banking Law - Personal Guarantee
Banking Law - Corporate Guarantee
Adoption in the Uniter Arab Emirates
Extradition Procedures of UAE
Possession and Using of Drugs in the United Arab Emirates
Know your Labor Rights in the United Arab Emirates
Parent Child Abduction in United Arab Emirates
Inheritance Law - Rules of Succession in Dubai, United Arab Emirates
UAE Patent System
Divorce Process Under United Arab Emirates Law
Most recent articles in Dubai laws category
Arresting Individuals
Arrest Order Issued by the Public Prosecution
How to Get Singleness Certificate from Indian Embassy in UAE?
Pretrial Imprisonment Order
Bail Procedure
Can Victims Claim Compensation?
Referral After Completion of Investigation
Rules and Regulations Followed in Criminal Cases
Witness Hearing Before the Criminal Courts
Why Setup A Free zone Company in the UAE
Family Court Process
The Legal Dos and Donts of Property Purchase
Business Laws and Regulations in Dubai, UAE
Application of Home Country Inheritance Law
UAE Patent System
Heirs According to Shariah Principles of Succession

Article Comments

there are no comments...


Welcome!
Please login or register a new free account.

Random Pick
This is an analysis of the Nahalchand case in which the SC ruled that open/stilt parking spaces can't be sold separately...

Statistics
» Total Articles
1526
» Total Authors
4531
» Total Views
19874222
» Total categories
41

Law Forum


Legal Articles

Lawyers in India- Click on a link below for legal Services

lawyers in Chennai
lawyers in Bangalore
lawyers in Hyderabad
lawyers in Cochin
lawyers in Pondicherry
lawyers in Guwahati
lawyers in Nashik

lawyers in Jaipur
lawyers in New Delhi
lawyers in Dimapur
lawyers in Agra
Noida lawyers
lawyers in Siliguri

For Mutual consent Divorce in Delhi

Ph no: 9650499965
For online Copyright Registration

Ph no: 9891244487
Law Articles

lawyers in Delhi
lawyers in Chandigarh
lawyers in Allahabad
lawyers in Lucknow
lawyers in Jodhpur
Faridabad lawyers

lawyers in Mumbai
lawyers in Pune
lawyers in Nagpur
lawyers in Ahmedabad
lawyers in Surat
Ghaziabad lawyers

lawyers in Kolkata
lawyers in Janjgir
lawyers in Rajkot
lawyers in Indore
lawyers in Ludhiana
Gurgaon lawyers

TOP

India's Most Trusted Online law library
Legal Services India is Copyrighted under the Registrar of Copyright Act ( Govt of India) 2000-2017
 ISBN No: 978-81-928510-1-3