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 party's
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 else 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 others 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 number 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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