Compensation Cases
Compensation cases arise as a consequence of civil, commercial, labor, and real estate disputes. Such disputes as a result of the damages that incurred by the claimant due to a harmful act committed by the other party. This is usually the case in most of the civil and labor disputes. On the other hand, the reasons behind the commercial and real estate disputes may be a violation of agreement terms. Moreover, the said harmful act may be a violation of the civil or penal law. Such violations may include cases of attack on lands of the others by demolishing property during construction work. In addition, those violations may involve the injury of workers while performing their job duties. The aggrieved party has the right to resort to the court to seek civil compensation. A penal lawsuit may arise in cases of gross negligence if the error was due to the lack of safety standards. However, a compensation lawsuit may also be filesdue to thefailure to take due diligence measures in such cases. Moreover, the harmful act may be a criminal act such as manslaughter and unintentional injury in traffic accidents. In such cases, a criminal penalty may be imposed. Hence, the aggrieved party has the right to file a civil lawsuit to receive a compensation.
The compensation claim may arise due to the violation of contract or agreement terms. This constitutes a harmful act whose source is the contract. Examples of this is the labor lawsuits in case of termination of the employment contract without a work-related reason. Furthermore, compensation claims may also involve the failure of the real estate developer to deliver the unit on the agreed date. They may also include cases of changing the unit area by decreasing the agreed-upon area. This happens when the change exceeds the allowed percentage of the difference, estimated at 5% of the unit area. In commercial dealings, the court calculates interest for delay in payment of sums that were issued by virtue of judgments as compensation for the prevailing party. Therefore, we conclude that compensation is an essential element in all litigation cases and it exits in any lawsuit. The reason can be attributed to the fact that any dispute is often a consequence of damages caused to one of the parties. This is why compensation cases require hiring a skilled attorney to present the compensation claim on a legal basis.
Despite that compensation claims are rumored to be simple, Mohamed Al Hajeri Advocates & Legal Consultants Law Firm believes that they involve complicated legal aspects. The litigant and the claimant for compensation shall take those legal aspects into account. The court may neglect these aspects if they are not clearly stated during the case. This is why the claimant is obligated to explain those aspects to the court. Therefore, the compensation claimant shall demonstrate to the court:
- The harmful act: by stating the harmful act that was committed and its classification. This classification is done according to whether what took place was a violation of the obligations stipulated in the civil law, committing a crime, or a violation of the contract terms.
- Explaining the causation relationship: the compensation claimant has to demonstrate the causation relationship between the harmful act and its consequences on the claimant. The compensation claimant should also explain how the harmful act resulted in the damages, either directly or consequently. Besides, the claimant should demonstrate to the court his financial estimate of those damages. He\she should also state whether there is a required technical opinion in estimating the amount claimed for compensation. All these steps ensure that the court would approve the compensation claim.
- Statement of the result of the harmful act: the claimant shall state the damages that he\she suffered as a result of the harmful act. The claimant shall also determine the period during which the damages lasted if future damages are likely to result from the same act. In addition, the claimant should also provide evidence of the costs he\she incurred as a direct result ora consequence of the harmful act committed. This is especially important if the compensation claimant has incurred fees or costs while addressing the consequences of the harmful act. Moreover, the claimant has to ensure that the harmful act had already taken place or will inevitably occur. The claimant has to ensure this as courts usually have reservations about the potential harm and cannot award compensation based on this only.
Mohamed Al Hajeri Advocates & Legal Consultants Law Firm advises compensation claimants to resort to attorneys and consultants who are specialized in this matter. Clients should seek full advice on such matters. The reason for doing so is that even if the claimant has the full right to claim the compensation, there are exceptions that should be taken into account. Moreover, there are cases in which exemption from paying an amount of the compensation can be granted. Such cases may include the claimant’s participation, somehow,in causing the damage. This also applies to cases of compensation for damages resulted from medical practices. The reason for this is that there is a difference between the doctor’s professional error and the possibility that the damage took place despite the doctor’s due diligence. In such cases, the doctor did not breach his professional responsibility. Those exceptions may also apply to the work of engineers and real estate consultants.
Thus, Mohamed Al Hajeri Advocates & Legal Consultants Law Firm represents many clients, whether companies or individuals, in compensation claims.We represent clients whether by defending them in compensation claims or filing those claims on behalf of them. We are fully capable of handling any compensation cases. Such cases may be related to civil obligations, violation of the penal law, contractual compensations, or compensations related to professional practices. Our Firm also helps clients get the best possible judgments based on the facts of each case.