Every personal injury case registered before UAE courts is different from the other and whether or not the claimant can re-open such case before the courts without a doubt depends on the circumstances of such cases. Legal Consultants of Dubai agrees on the fact that there are certain circumstances under which the claim can be re-opened, yet not in all cases. Generally, a claim for personal injury is closed upon receiving the judgment from the concerned court, unless the aggrieved party files for an appeal case before Court of Appeal or Court of Cassation as the case may be.
When the claimant receives its judgment, it suggests that the injured is satisfied with the amount of claim issued by the court to be payable by the respondent for the loss incurred by the claimant. It is pertinent for the claimant to be assured of the fact before deciding to not appeal against the matter as once the appeal period is over, the claimant will be barred from filing an appeal in such regards.
In several personal injury claims mostly in medical negligence, parties agree to settle the matter outside the court and entering into a settlement agreement. In such cases, Best lawyers of Dubai always advise clients to critically review the terms of settlement agreement prior to closing the chapter as upon receiving the settlement amount, the claimant will be barred from registering the case against the hospital or the doctor for that matter. Ergo, it is always recommended to seek legal assistance prior to signing a settlement agreement or filing a case against the respondent for claiming damages. Importantly, in certain matters, parties settle even when there is an ongoing case, in such circumstances once the plaintiff signs the settlement agreement, he shall be forbidden from re-opening the case against the accused in any given scenario.
The courts of UAE allow the aggrieved party from the judgment issued by the Court of First Instance, to register an appeal before the Court of Appeal followed by an appeal before the Court of Cassation. It is important to note that the judgment issued by Court of Cassation is final and binding on the parties and a grievance on that judgment cannot be registered. The courts do not allow in general to re-open the same case against the same defendant, yet if there are multiple defendants involved in the case, the claimant holds the right to re-open the case against the different defendant in the same subject matter. However, courts in UAE still holds the discretion to adjudicate upon such matters accordingly.
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