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How do personal injury claims work in Kenya compared to other countries?
How do personal injury claims work in Kenya compared to other countries? Does Kenyan legal system approaches torts compared to Western countries?
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Comments:
Maurice
said:
Personal injury claims in Kenya are legal actions taken by individuals who have suffered physical, emotional, or financial harm due to the negligence or intentional actions of another party. Below is the overview of how personal injury claims work in Kenya compared to other countries:
i. Compensation: Compensation amounts can vary significantly between countries depending on factors such as the the country's judicial system
ii. Contingency Fees: This refers to an amount charged by lawyers which is equivalent to an agreed percentage of the compensation should the case be successful.
iii. Alternative Dispute Resolution: This involves using alternative methods to settle personal injury claims outside court.
iv. Legal process: Though legal process aims at restoring to the aggrieved party, it may vary from one country to another.
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Raphael
said:
In Kenya just like many other countries, personal injury claims are based on the Law of Torts and in particularly negligence.
Some of the key aspects include the following:
1. The plaintiff must prove that the defendant caused them harm due to negligence.
2. Duty of Care: As elsewhere, entities like drivers and employers owe others a duty of care in specific situations.
3. Claims typically need to be made within three years of the incident.
4. Courts award both financial damages and compensation for pain and suffering.
5. In case where both parties are at fault, damages might be reduced proportionally.
This is general information and should not be misconstrued as legal advise. Please contact a lawyer if you have an issue related to personal injury.
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Winfred
said:
Personal injury claims is the formal process of recovering compensation from the other party responsible for the injury.personal injury law protects those who are injured by the negligent acts of another individual or party.In Kenya, personal injury claims are based on Law of torts. Below are some of the key aspects regarding the claims in kenya; I.The plaintiffs must prove that the injury was due or as a result of the defendant's negligence. II.Compensation-Covers (Economic damages-that is actual financial loss such as medical bill and(non-economic damages which compensate for pain,suffering and emotional distress.Under Kenyan law accident victims are entitled to compensation for injuries obtained in road accidents. Special damages-The purpose is to compensate for additional costs caused. In Kenya,the limitations actions act limits the period for raising the claim to 3 years. Legal fees -In kenya,legal fees varies depending on several factors such as amount of time spent on the case,the lawyer's ability, experience and reputation,results obtained and costs. Legal process-The legal process aimed at restoring the aggrieved party may vary from one country to another.
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