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Road Traffic Injury .pdf



Original filename: Road Traffic Injury.pdf
Title: Road Traffic Injury
Author: Beyond Limits

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Road Traffic Injury
Legal Articles: UAE Criminal Law
By Mr. Hassan Elhais - Legal Consultant in Dubai

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 uncomfortable 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 by victim.

Action against the Perpetrator
According to UAE laws, road accidents causing personal injury will fall under tortuous liability.
The damages are calculated based solely on the direct or indirect connection between the
doers act and injury inflicted. The victim becomes entitled to damages/losses borne as a result
of the accident; which may include any damages to clothing, property, loss of earnings, moral
and psychological harm.
The harm caused by the perpetrator or doer may fall under Tort law by reason of collision of
vehicles and court may rule compensation. It is indeed sufficient if the Claimant establishes that
tortfeasor violated legal obligation to take reasonable care, whether intentionally or not. The
UAE laws are fairly straightforward when it comes to establishing harm and a link that caused
damages to the victim.
In general, particularly with compensation cases. The Claimant can ask for damages in relation
to:
1. The expenses which he paid for the medical recovery.
2. The Maturity losses.
3. Moral damages subject to the Federal Civil Law No.5/1985 Article No.293.
The amount of compensation or damages varies from case by case basis and it depends on
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.

Tortuous liability consists of three elements: fault, damage and link between the damage and
fault. Link between the fault and damage by itself is not sufficient to create legal liability. There
should be a correlation between the fault and damage. The link may be broken by an
intervention of a foreign element such as a third party’s act, or victim’s contribution.
Alternatively, a defendant will not be liable if the damage would, or could on the balance of
probabilities, have occurred anyway, regardless of his/her act.

Conclusion
In general, particularly with compensation cases, the laws of UAE do not restrict Claimant to
recover losses for injuries in a defined order. The court has discretionary power to award
damages to claimant for all/or every kind of injury sustained by the Claimant.

ABOUT THE AUTHOR: Hassan Elhais
After qualifying as a lawyer in his native Egypt and years of successful practice within the field
of criminal and public law, Mr. Elhais moved to Dubai in 2005 and has been practicing as a legal
consultant in Dubai since then. 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.
Specializing in the drafting of all statement of claim, memos and consultation with regards to all
kind of litigation, Hassan has worked his way through the ranks of Al Rowaad Advocates from
joining as Legal Advisor to his current role as Managing Partner. Member of Egypt Bar
Association; Member of International Bar Association; and Recommended Lawyer of Embassy
of United States in Abu Dhabi.

Copyright Hassan Elhais
For more information about Hassan Elhais – Legal Consultant in Dubai
Visit www.professionallawyer.me


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