Can Personal Injury Impact Mental Health?

The claims for personal injury are all good reasons very different from any other civil or criminal cases apart from the recovery from an actual injury sustained by the victim. These claims, if not dealt carefully, can vastly pact the recovery of the victim. Beside such physical injuries, accidents can severally impact the mental health of the victim and are a direct outcome of the pain and suffering. Best Lawyers of Dubai often witness cases of personal injury claims where victim’s mental health has been sacrificed, and therefore, they have taken this initiative to enlighten their readers concerning the claims for mental illness in UAE.

Mental illness is most commonly seen in cases of post-accident stress or can be termed as reactionary condition triggered by such accident or other sudden unexpected situation. If a victim is suffering from mental illness or post-traumatic stress, the doctors diagnosing his condition will be able to ascertain the gravity of his mental condition. The medical details/documents confirming his mental illness will assist in basing up his personal injury claim before the courts of UAE.

Psychological illness without any physical injury can be brought before the courts; however, it shall comply with varied set of rules and circumstances under which such claims can obtain compensation from the other party under the laws of UAE. The only rationale behind registering personal injury claims is the negligence or misconduct of the other person causing severe harm to the victim. It is generally possible to seek compensation in personal injury claims in physical injuries, however, claiming compensation for psychological illness can strenuous, and you would require a legal representative to update you in every step possible throughout your journey. Importantly, if mental illness is outrageous without any known treatment, the case can turn out to be more perplexed and would require critical expert assistance.

Apart from the foregoing issues, the main issue which shall be considered in personal injury claims is the amount of compensation to be received by the victim that is directly dependent nature of the injury and subsequent costs incurred by the claimant or his family. The damage should be discernible, and if not, it should be backed up by clear medical report from medical professionals.

UAE Civil Code, Federal law number 5 of 1985 stipulates provisions concerning claims for personal injury claims as under Article 282 of the Law, it is an obligation of the doer to compensate the harm caused to other, wherein, the definition of term "harm" has been taken in broader sense and falls under the wide discretion of the court to determine whether it constitutes harm depending on varied circumstances. In addition, the amount of compensation, as stated under Article 292 of the same Law, shall be calculated according to the number of damages suffered by the victim and court shall exercise such right on its own accord. Alternatively, courts in UAE take into consideration various factors such as age, income, medical expenses and damages caused to the victim. However, in psychological illness, the court may consider other factors whilst determining the amount of compensation to be granted to the victim.

Dr. Hassan Elhais is a legal consultant in Dubai, specializing in the drafting of all statements of claim, memos and consultation on litigation of all manner.