What Are The Required Elements In A Compensation Case Or Personal Injury Matter?

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Dr Hassan Elhais

Contributor

Dr. Elhais, with his vast legal expertise spanning family, arbitration, banking, commercial, company, criminal, inheritance, labour, and maritime law, is dedicated to providing top-tier legal solutions. As an integral member of the team at Awatif Mohammad Shoqi Advocates & Legal Consultancy in Dubai, he contributes to the firm's mission of delivering comprehensive legal counsel across the UAE. The team, as a whole, is committed to maintaining the highest levels of integrity, confidentiality, and discretion. Initially making his mark in criminal and public law, Dr. Hassan made the decision to move to Dubai in 2006, marking a significant step in his legal career. Since joining Awatif Mohammad Shoqi Advocates & Legal Consultancy, he has been an active contributor to the firm's growth and reputation. Dr. Hassan is known for his dedication to transparency in legal dealings and fee structures, a reflection of his solid ethical values.
Question: I was involved in a traffic accident that resulted in injury. It was referred to the traffic court and the other driver was sentenced. However, I want to file a civil case.
United Arab Emirates Litigation, Mediation & Arbitration

Question: I was involved in a traffic accident that resulted in injury. It was referred to the traffic court and the other driver was sentenced. However, I want to file a civil case. What do I have to prove to win the case?

Answer: With these type of civil claims, you would have to prove the following three main factors: 1, That the harmful action was caused by the driver's mistake. If this is supported by the traffic court judgement, that would be helpful. 2, The harm done to you, and whether the injury caused moral or psychological harm or made you lose any of your potential profit and the medical expenses incurred, in accordance with Article 292 of Law 5 of 1985 Civil Transaction Law and its amendments. 3, The cause relationship between the harmful action and the harm itself. It needs to be proved that this harm was because of the harmful action and not for any other reason.

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