Physical and material damages
Bodily injury is defined as anything that affects the health of a human being. Material damage, on the other hand, is the loss that the claimant suffered regarding a bodily injury. Both injuries can be awarded in Court. It is important to note that although psychical and material damages are closely linked, their compensation will differentiate. Once psychical damage is proven, it can be compensated even if the claimant has not suffered any material injury. This clause was established in Case No 186/2004, Dubai Court of Cassation. The right to protect one’s bodily integrity has been accepted and protected by any jurisdictions under the UAE law and is regarded as a fundamental and inalienable right.
Moral Damages
Article 293 of the civil code has a moral harm clause, and it is a part of personal injury. Moral harm is the infringement of liberty, honor, dignity, reputation or social standing of another person, and it can be compensated for any damage resulting from psychological injury, as mentioned in Case No 48/1989, Dubai Court of Cassation.
Moral Damages
Article 293 of the civil code has a moral harm clause, and it is a part of personal injury. Moral harm is the infringement of liberty, honor, dignity, reputation or social standing of another person, and it can be compensated for any damage resulting from psychological injury, as mentioned in Case No 48/1989, Dubai Court of Cassation.
Loss of earnings
Article 292 recognizes the loss of profits as a part of the damages acquired. However, it is stated that the assessment of the loss of potential future earnings falls within the full discretion of the UAE Court. The Dubai Courts may be more generous and award compensation for loss of profits when examining whether the victim is the family’s sole provider. If a victim were to successfully claim loss of earnings, one must show that the loss of profits is reasonably justified.
Loss of opportunity
While the loss of earnings necessarily involves the loss of money, loss of opportunity may affect both the loss of profits and the loss of opportunity. For example, cases held before the Dubai Courts often involved a loss that a parent suffers when their child cannot provide for them in the event of their child’s demise, such as seen in Case No 360/2009, Dubai Court of Cassation. In a lot of situations, loss of opportunity goes hand in hand with loss of earnings. The Courts will implement the same decision toward the loss of opportunity as they do toward the loss of earnings. The Court must be satisfied that the loss suffered is a reasonable justifiable cause.
Potential future damages
Article 292 of the Civil Code contains no remedies in the provision regarding future damages. Potential future damages cannot simply be awarded unless there is proof. An example of this can be seen in a 2009 decision made by the Courts, where they refused to compensate the expenses incurred by a claimant in respect of continuous future treatment, as noted in Case No 78/2009, Dubai Court of Cassation. However, if a Claimant can prove that they have to undergo future treatments, then the Court may award compensation for future damages.