The right to claim Compensation for Damages Cases in the UAE is one of the fundamental pillars upon which the UAE Civil Code is built to ensure justice and protect individuals and institutions from any infringement or negligence.

Whether the damage results from medical malpractice, a traffic accident, or a breach of a commercial contract, the law grants the injured party the full right to redress the damage and recover their material and moral rights.

In this article, Samaha for Legal Consultations presents a comprehensive guide on the elements of tort liability, the types of damages entitled to compensation, and how to estimate the value of the claim before the competent courts.

If you are seeking to know the correct legal procedures to ensure you receive compensation for damages, you are in the right place to begin your journey of recovering your rights.

Compensation for Damages Cases in the UAE

Many people inquire about the nature of compensation for damages.

Today, we will clarify the meaning of compensation, its importance, and everything related to its types, conditions, and legal procedures.

To obtain the best legal consultation regarding compensation for damages in the UAE, Contact us at Samaha for Legal Consultations.

What is Compensation for Damages in the UAE?

A Compensation for Damages Cases in the UAE is a civil action stipulated by the UAE Civil Transactions Law.

This lawsuit is based on a legal foundation originating from either contractual liability or tort (civil) liability.

• Contractual Liability: Occurs due to a breach of agreement between the parties to a contract, resulting in damage that must be redressed.

• Tort Liability: Results from a mistake committed by a person that causes harm to others.

According to Article 282 of the UAE Civil Transactions Law, any harm done to another shall render the perpetrator, even if not discerning,

liable to make good the harm, whether the harm is caused directly or consequentially.

What are the Types of Compensation for Damages?

According to UAE law, compensation for damages is divided into two main types:

1. Material Compensation: Compensation for the damage caused to the victim’s property (real estate, vehicles, crops, etc.) or physical injury (wounds, fractures, etc.).

2. Moral (Non-material) Compensation: Compensation for the psychological or emotional harm suffered by the victim due to the error, whether it arose from a criminal act or a breach of contract.

Conditions for Claiming Compensation

The conditions for compensation under the UAE Civil Transactions Law are:

1. An Act: An action or omission by a person that leads to harm.

2. Occurrence of Damage: The claimant must have suffered actual damage, whether material or moral.

3. Causal Link: Proving the relationship between the wrongdoer’s act and the resulting damage.

4. No Self-Defense: The damage must not have occurred during a state of legitimate self-defense (person, honor, or property), provided it did not exceed the necessity.

5. No Foreign Cause: The damage must not be due to an external cause beyond the perpetrator’s control, such as a natural disaster or force majeure.

6. No Fault of the Victim: The damage should not be caused by the victim’s own act or a third party’s act.

7. Statute of Limitations: The lawsuit must be filed within the legal period. A compensation claim for a harmful act is not heard after three years from the day the victim became aware of the harm and the person responsible. In all cases, the claim is not heard after 15 years from the day the harmful act occurred.

Procedures for Filing a Compensation Lawsuit in the UAE

Under the UAE Civil Procedures Law, the steps are as follows:

1. Preparing the Statement of Claim: Including data of the plaintiff, defendant, subject of the case, facts, evidence, and the plaintiff’s signature (or the legal representative’s signature).

2. Determining Jurisdiction: Identifying the competent court (local, value, and type jurisdiction).

3. Submission: Submitting the claim to the court administration for auditing and receiving a reference number.

4. Fees: Paying the prescribed court fees.

5. Notification: Notifying the parties of the first hearing session.

6. Defense: The defendant has the right to present their defense three days before the hearing.

7. Evidence: The plaintiff must prove the claim using all available means of proof.

8. Rebuttal: The defendant may refute the claim by denying the causal link.

9. Judgment: The court issues its ruling for full, partial, or no compensation.

How to Write a Compensation Lawsuit Brief?

The specialized lawyer at Samaha prepares the best lawsuit brief as follows:

To the Court of First Instance in Dubai

• Plaintiff: Mr. [Name], Address: [Address], Represented by Lawyer: [Samaha Firm].

• Defendant: Mr. [Name], Address: [Address].

• Subject: Claim for Compensation for Damages.

• Facts: My client resides in a property adjacent to the defendant.
  The defendant dug a trench for water pipes in my client’s path without warning or barriers.
  Upon my client’s return from work, he fell into the trench, causing a severe leg fracture and preventing him from working for over a month.

• Request: 1. Acceptance of the case in form and substance. 2. Compensation for material and moral damages. 3. Obligating the defendant to pay all court costs and legal fees.

Samaha Law Firm | UAE

We emphasize that Compensation for Damages Cases in the UAE cases require extreme precision in proving the elements of liability: fault, damage, and the causal link.

Delays in claiming rights or submitting a weak legal file may lead to losing the opportunity for fair compensation.

At Samaha Law Firm, we are committed to providing professional legal support to ensure your compensation claim is drafted perfectly.

Do not let your rights be lost due to a lack of legal expertise; contact our team now for a specialized consultation regarding compensation for damages in the UAE. Contact us.