Re-open your Personal Injury Case in the UAE
What is personal injury?
Personal Injury comes under the civil court of the UAE. The person who has gone through a personal injury is called a “plaintiff” in the lawsuit. It can be emotional, and physical both. However, if the person who has gone through a personal injury is expired, the plaintiff then is the representative of the deceased. The other person who has caused the personal injury is known as “defendant” in the lawsuit.
Can all the personal injury cases be re-opened?
Every personal injury case is different from the other. Hence, whether the case can be reopened or not also differs. However, the legal consultants in Dubai, UAE, guide their best. They say that certain cases can be reopened. In general, the personal injury case shuts after getting a judgment from the concerned court of Dubai. If they are not satisfied, an appeal can be filed in the court of appeal or court of Cassation in the UAE, for certain cases.
Be sure before the case is closed
It is often assumed that the plaintiff is satisfied with the payment agreed upon by the court to be paid by the respondent. This is the judgment of the relevant court. If the claimant is not satisfied, he is advised to file the appeal within the time limit. Otherwise, he may not be able to do so.
Settlement outside the court
Many personal injury claims are settled outside the court between the two parties. This mostly happens in medical negligence. Personal injury lawyers of Dubai encourage the plaintiff to review the terms of settlement in detail before receiving any settlement amount. When the settlement amount is paid by the defendant, the plaintiff might not be able to file the case against the doctor or hospital. In scenarios like this, the claimant is forbidden to reopen the case.
Are you the aggrieved party?
The court of the UAE passes the judgment on the case. Thereafter, the aggrieved party is allowed to file an appeal in the court of appeal and court of cassation in the UAE. This is allowed to the plaintiff and the defendant both if they feel they are mistreated.
Moreover, the judgment passed by the Court of Cassation is final and nothing can be changed then. It is binding on both the parties. The court of the UAE doesn’t allow to reopen the case against the same defendant, but other defendants. However, there are exceptions. A personal injury lawyer in Dubai can give the best guidance on it.