المقالات القانونية / القانون المدني

What If It Was Your Fault In A Personal Injury Claim?

civil law


January 01, 2020

Damages in personal injury claims are directly proportional to the negligence of the defendant. However, can you claim damages if it was your fault and not the other party? As simple as that, in order to seek damages, you must establish other partys fault and negligence, therefore, in most cases, it would be impossible to seek damages in case it was your fault as agreed by Best Lawyers of Dubai.

Legal jurisprudence around the world confirms the fact that compensation is payable in the act of negligence and breach of duty of care. In other words, compensation is generally paid only if the sufferer is injured because of someone elses negligent behaviour. The claim is mostly against the other party or the insurance company. The right to compensation does not emerge automatically as one must prove a legal error against another person in order to establish the claim and to seek damages.

You may face certain circumstances where it is impossible to draw other persons negligence, and at the same time you are not the one to be blamed for. In such cases, it is advisable to appoint Personal Injury Lawyers in Dubai to access the situation critically.

The Blame Game

On-off chance, if there is a situation that the injuries you suffered are a result of your negligence or as a result of your lack of control or it is simply an error, you may not be able to claim damages as there is no one else against whom you can raise a claim.

Technically, seeking compensation would be difficult if there is no one to blame for your acts unless you prove there is someone partly negligent for such injuries. For instance, if you suffer injuries in an accident and you and other party are equally at fault, there is an equal opportunity to raise a complaint against other for his negligence and the court may award you damages for such default of the other party.

However, this situation is very complex and intricate. Thus, legal advice would be inevitable to comprehend the amount of damages to be paid by the other party in case of equal blame.

In a nutshell, I would like to inform my readers that ascertaining liability is generally easy in most personal injury cases. However, the applicability of legal principles and procedure for filing such claims is the difficult part as in most cases; you may wonder if there could be any claim. Ergo, the appointment of an experienced legal consultant of Dubai is mostly advised to determine the amount of damages in your matter.

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