Understanding Civil Compensation Claims
Civil compensation claims under Kuwaiti law help the injured party. They allow recovery from material and moral damages. These damages result from the actions of others. For these types of cases, it is essential to seek the best specialized lawyers. They must have experience in compensation cases.
Dar Al-Tawajoh Law Firm provides the most experienced lawyers. They litigate various types of compensation claims. They offer all necessary legal services for these cases.
How to File a Civil Compensation Claim
You can learn the steps for filing Civil compensation claims under Kuwaiti law. Contact Dar Al-Tawajoh Law Firm at 94959511.
Drafting the Statement of Claim
The statement of claim must be carefully drafted. It should contain a detailed explanation of the act. It must also describe the resulting damage. The statement must include the value of the compensation. This amount should be equivalent to the damage suffered by the plaintiff.
It is legally advisable to use a specialized lawyer. They can write the statement of claim correctly. All documents supporting the plaintiff’s position must be attached. These documents must prove the damage occurred. They must also link the damage to the event.
Court Submission and Hearings
The request to file the lawsuit is then submitted. This is done before the competent court. The court is determined by the type of dispute. It is also based on the compensation amount requested. The court’s clerk’s office registers the lawsuit. They set the hearing dates. The defendant is notified of these sessions.
Both parties must attend the hearings. This allows the court to hear the defenses of each party. All necessary documents must be presented. The court then issues its judgment. It either accepts or rejects the compensation. Rejection occurs if there is insufficient evidence.
Required Documents for Civil Compensation Claims
Filing Civil compensation claims under Kuwaiti law requires specific documents.
Initial Lawsuit and Defense
First, a copy of the lawsuit filed before the criminal court is needed. This is where the injured party was exposed to material or moral damages. Second, the statement of claim must be submitted. It should be legally drafted by a specialized lawyer. The defense memorandum is also required.
Personal and Medical Proof
Documents proving the plaintiff’s identity are necessary. This includes a passport or personal ID. Papers proving the damage suffered by the injured party must be presented. This includes medical reports or other documents. Correspondence between the plaintiff and the defendant is also required. This can be handwritten or electronic.
The best lawyers at Dar Al-Tawajoh Law Firm provide all legal consultations. These relate to civil compensation.
Conditions for Filing a Civil Compensation Claim
Several conditions must be met when filing Civil compensation claims under Kuwaiti law.
Substantive Conditions
An unlawful act must have occurred. This act must have resulted in material or moral damage. This damage must warrant a claim for compensation. The defendant must be the cause of the damage suffered by the plaintiff. The damage must be a direct result of the unlawful act committed.
The damage must affect the injured party’s rights. This includes both material and moral rights. The damage must have been caused by the defendant’s act. It must not be due to any other external cause. The statute of limitations must not have expired. This is three years from the day the injured party became aware of the damage.
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Formal Conditions
The injured party must provide proof of the damage. This damage must be primarily caused by the defendant’s unlawful actions. The request to file a compensation lawsuit must be submitted. This must be done by the injured party or their authorized lawyer. The injured party must have full legal capacity. Alternatively, their legal guardian must file the lawsuit.
The plaintiff must attend the court session on time. Failure to attend is considered an explicit waiver of compensation. Compensation for moral damage resulting from the death of the injured party is only granted to relatives up to the second degree. Compensation for moral damage is not transferable. This is unless its value has been legally determined.
Criteria for Determining Compensation Value
The judgment in Civil compensation claims under Kuwaiti law rests with the judge. The judge relies on the following criteria when ruling on compensation.
Extent of Loss
The judge primarily relies on the extent of the loss. This loss is suffered by the injured party. It results from the defendant’s action. This damage is confirmed whether it has already occurred. It also includes damage the injured party will suffer soon.
Lost Profits
The judge also considers the percentage of profits the injured party failed to achieve. This is due to the damage they suffered. For example, if a person fails to adhere to the terms of a contract. This will result in many losses for the other party.
Types of Damage Compensation in Kuwait
Some people ask about the types of compensation available. This is when they suffer damage from unlawful acts committed by others. The types of compensation awarded in Civil compensation claims under Kuwaiti law are as follows.
Physical Damage Compensation
Determining the value of compensation for physical damage relies on the principle of “Diyya” (blood money). This is based on Islamic Sharia. This is according to Article 248 of the Civil Code. It states that compensation for the injury itself is determined by the rules of Sharia Diyya. This is without distinction between persons.
Material Damage Compensation
The injured party receives financial compensation for material losses. These losses result from the unlawful acts committed by another party.
Moral Damage Compensation
Civil law grants appropriate compensation to anyone who suffers damage. This is due to unlawful acts committed by another person. This is true even if the damage is moral. This is based on Article 231 of the Civil Code. It states that moral damage is any psychological or sensory harm. This affects an individual following an infringement of their private life, freedom, reputation, or social and moral standing.
Dar Al-Tawajoh’s Services in Civil Compensation Cases
Dar Al-Tawajoh Law Firm has the best experienced lawyers. They specialize in Civil compensation claims under Kuwaiti law. They provide all legal assistance. This is in accordance with the Civil Code. They offer the following services.
Legal Drafting and Procedures
They write the statement of claim without errors. They use the legal format accepted by the competent civil court. They carry out the lawsuit procedures legally. This preserves the client’s rights. It helps protect them from losing the lawsuit.
Evidence and Representation
Their team collects all evidence supporting the client’s position. This includes medical reports and police records. They use experts from the forensic medicine department. This helps link the unlawful act to the damage. Their lawyer litigates the case. They present evidence and documents supporting the client’s position.
Appeals and Consultations
They have the ability to appeal the court’s judgment. They follow legal procedures to reach the appropriate judgment. They litigate cases filed to obtain compensation for an unfair administrative decision. You can get the best legal consultations regarding compensation cases. Contact them at 94959511.
Conclusion
Civil compensation claims under Kuwaiti law are cases that are subject to a statute of limitations. For example, a lawsuit cannot be filed after one year from the day the injured party became aware of the damage. The injured party must seek the best civil compensation lawyer. You can contact Dar Al-Tawajoh Law Firm at 94959511. They have the best lawyers available throughout the day.