Claims for Personal Injures and Losses - R. Vrahimis & Associates

There is no law governing only personal injuries, or other damages or losses per se.  These form a part of a Plaintiffs’ case when suing for damages suffered under a tortuous incident (governed by the law of Torts) or a breach of a contractual obligation (governed by the law of Contract, including employment and leases) or statutory obligation (e.g. a consumer law obligation).

In this area we advise clients that have suffered injuries due to the negligence or breach of contractual or statutory obligation of others to safeguard their rights and giving them advice in claiming and succeeding the maximum compensation they deserve.  We work closely with our clients from the beginning of their initial consultation with us and guide them on how to gather evidence from specialists e.g. other doctors, builders, engineers, assessors, etc. so that they can reach the best possible outcome.

We have dealt with many cases of injured clients who have suffered as a result of the negligence breach of duties of others or from a breach in contractual or statutory obligations of others.  Generally compensation is awarded for:

Personal injuries may arise in the following areas which we routinely handle in our practice:

Causes:  Injuries may result from a vehicular collision involving either two or more motor vehicles or a motor vehicle and a pedestrian or bicycler.  Most cases involve negligent driving and some cases involve a speeding driver, a driver who is under the influence of alcohol or drugs, who runs a red light or stop sign, or who flees the scene of the accident.  Other accidents may be caused by inadequate road conditions and infrastructure (e.g. cracks or holes in the tarmac) or by unsafe vehicles with defects as a result of faulty manufacturing or insufficient maintenance.

Damages:  Serious road traffic accidents may cause complete destruction (total loss) of the vehicle, when the price of repair exceeds the purchase price and may also cause severe personal injuries.  They may be the cause for great distress and insecurity in the life of the injured individual and his/her family.  Recovery from such injuries might never be full and may involve a long and difficult course of multiple operations and rehabilitation therapy which may not guarantee full restoration of some bodily functions and leave the client with permanent health problems.  Such injuries may involve:

In some cases there may be contributory negligence by the injured individual which may reduce the percentage fault awarded such as:

Evidence:  In Cyprus when a road traffic accident occurs involving personal injuries the Police is obliged to visit the scene, take statements, take measurements and photographs and, on request, prepare a police report of the accident that includes the parties involved, the insurance companies, the damage and the circumstances under which the traffic accident occurred. This is important so that the accident is fully documented.

In most cases a patient would need to visit specialist doctors and obtain a specialist report for the injuries, including any clinic or hospital medical records.  It is always a good idea to keep records of personal injuries by taking photographs or videos of the injuries both pre and post operation.  Such photographs may be used as evidence in Court.  Furthermore it is imperative to keep a diary of all the facts, procedures, operations, names, medication, therapy, and dates regarding your injury.  In many occasions these matter take a long time to be settled and failure to remember any important details of fact may be critical to winning or losing a case. Follow a daily record so that it would be easier for you to remember in the future.

Motor Vehicle Insurance:  By law all motor vehicles are insured for damage done against a third party, including passengers in the car at fault, so road traffic accident injuries are compensated by an insurance company which is obliged to compensate for any injury suffered through the negligent or even reckless driving of their clients.  This is where the need to hire an experienced attorney familiar with personal injury and insurance law is very important from the outset so that the injured individual receives the compensation they deserve.  It is also very important for an individual injured at road traffic accident to act immediately by informing the insurance company, to keep a record of their expenses, and to obtain medical evidence and specialist reports for their condition.

Insurance companies unconscionably approach the injured individuals because they wish to circumvent lawyers and proper legal advice.  This allows them to protect their own financial interests, increase their profit and loss balance and reduce their liability.  Insurance companies have many lawyers, doctors, assessors and claim adjusters on a permanent retainer whose sole purpose is to reduce the compensation paid to the injured individual.  These professionals do not work for the injured individual but against it and aim to convince the injured individual to accept a final, irreversible, unfair and uniformed settlement without the benefit of legal advice.  Many times latent injuries manifest themselves some time after an accident and a rush settlement may prove insufficient and inadequate.

Legal Advice:  It is essential to ask for proper legal advice and if possible seek to obtain it immediately at the scene of the accident preferably before you speak to the police.  So the most important advice we can give you is to talk to a lawyer before you talk to anyone else, especially the police or the insurance company.

Causes:  These may occur both at home or in premises owned by a third party or even in public places (e.g. restaurants, hotels, clubs etc.) or public areas (e.g. playgrounds or sidewalks).  They can be the result of slipping while walking on a pavement, on wet floor or climbing stairs.  They can also occur as a result of unsafe maintenance of premises or public areas.

Damages:  Slip and fall accidents could cause injuries ranging from abrasions and concussion to fractures and spinal injuries resulting in paralysis.

Evidence:  As we have pointed out before, in most cases a patient would need to visit specialist doctors and obtain a specialist report for the injuries, including any clinic or hospital medical records.  Also keep detailed records and photographs of wounds, facts, procedures, operations, names, medication, therapy, and dates regarding your injury.  The occupier must take such care as would be reasonable in the circumstances to ensure that the visitor will be reasonably safe when using the premises for the purposes for which he/she is invited or permitted to enter.  To prove occupier’s liability or public liability it must be established:

Legal Advice:  In many instances occupiers of private or public premises carry insurance that may cover the injury.  This however may not cover the particular damage or it may only cover up to a certain limit.  Insurance companies may also trick the employee to settle their claim for a much lower amount than they are entitled.  Furthermore, claiming damages for personal injuries from slip and fall accidents may be tricky because usually issues of contributory negligence, owing to the lack of care from the person who fell, shall be raised.  This may be complicated if the injury is then worsened due to medical negligence or medical malpractice.  So it is important to talk to a lawyer before you talk to the insurance company.

Legislation:  European Directives set out the minimum requirements and the fundamental principles, e.g. the principle of prevention and risk assessment, and the responsibilities of employers and employees.  Also there is series of European guidelines that aims to facilitate the implementation of the directives and standards adopted by European standardisation organisations.  All of them have been incorporated into Cypriot law and they are the following:

As can be seen from the above list, a broad spectrum of work activities are regulated at the European level, including provisions for the workplace protection of workers regarding equipment, signs, personal protective equipment, exposure to chemical and biological agents and chemical safety, exposure to physical hazards, provisions on workload, ergonomic and psychosocial risks, and many other specific laws for young persons, pregnant women, drivers, sailors etc.

Occupational Diseases are governed by local laws in the EU member states but the EU has issued a Recommendation (2003/670/EC) that covers recognition of occupational diseases, compensation mechanisms, measures for their prevention, setting targets for their reduction, statistical recording and reporting, introduction of epidemiological studies, promotion of research, introduction of measures for easy diagnosis and raising awareness.  This report lists in Annex I 108 diseases, divided in five groups, according to their causative factors (chemical, germs and parasites, physical exposure) or the affected organs (skin and respiratory tract). It also lists in Annex II 48 further diseases divided in the same groups.

Health and safety laws, including injuries from occupational diseases, impose strict liability responsibilities on employers obliging them to maintain a secure workplace (i.e. they are deemed to be at fault even if they are not present in the accident or have not authorised a certain mode of work).  This legislation is in the favour of the employee and provides easier access to court and compensation for injured individuals.

Causes:  Work-related injuries are those that occur during employment.  They can be the result of an unsafe work environment or mode or work, insufficient training, or unsafe maintenance of the premises.  Due to negligence or malpractice of employers many workers do not work in safe workplaces and as a result they may suffer or even pass away.  Workplace accidents may occur because of several and diverse reasons which may vary in every accident and every situation:

Workplace accidents may occur in a broad range of industries such as:

Damages:  Work related accidents could cause injuries and occupational diseases self-evidently harm the health of the employee.  These may range from abrasions, to severed limbs or death, from to lung cancer e.g. from asbestos poisoning, to burns from chemical spills, from fractures to spinal injuries and paralysis.  Reported non-fatal accidents at work in Cyprus range from 0,5% to 1% whilst fatal accidents are only about 1 to 5 in 100000.

Evidence:  In Cyprus when an accident occurs in the workplace involving personal injuries an Inspector from the Department of Health and Safety at Work is obliged to visit the scene, make enquiries, take photographs or measurements if needed and, on request, prepare a report of the accident that includes the parties involved, the insurance companies, the damage and the circumstances under which the traffic accident occurred.  The employer should call the Department of Health and Safety at Work and if he/she refuses to do so the employee may call.  This is important so that the accident is fully documented.

As we have pointed out before, in most cases an employee would need to visit specialist doctors and obtain a specialist report for the injuries, including any clinic or hospital medical records.  Also keep detailed records and photographs of wounds, facts, procedures, operations, names, medication, therapy, and dates regarding your injury.

Legal Advice:  In many instances employees injured at work are not aware of their rights and do not pursue them.  Employers should, by law, carry insurance that covers all work-related injuries.  This however may not cover the particular damage or it may only cover up to a certain limit.  Insurance companies may also trick the employee to settle their claim for a much lower amount than they are entitled.  Furthermore, claiming damages for personal injuries from work place accidents may be tricky because usually issues of contributory negligence, owing to the lack of care from the worker, shall be raised.  This may be complicated if the injury is then worsened due to medical negligence or medical malpractice.  So it is important to talk to a lawyer before you talk to the insurance company.

Causes:  Medical malpractice is the intentional breach of the duty of care by a medical provider or facility whilst medical negligence does not involve intent, but just a mistake in the treatment of a patient.  In both cases the patient must be harmed as result.  Claims in this area may be involve suing one or more medical practitioners such as:

Due to negligence or malpractice of medical professionals, many patients do not receive the standard of care that they are owed and as a result they may suffer or even pass away.  Medical negligence or malpractice may include:

Damages:  Damages from medical negligence and malpractice may be the cause of unnecessary pain and suffering, but also may lead to infertility and impotence, paralysis, neurological or muscular damage, loss of sight or hearing or other permanent disability.

Evidence:  In most cases a patient would need to visit a consultant and obtain a specialist report which is going to be used as evidence to prove medical malpractice or negligence.  A patient would need to obtain evidence from the medical records of the clinic or hospital and send it to the consultant to prepare the report.  This consultant does not need to live in Cyprus.  Owing to provisions in evidence law the consultant can give evidence via a computer uplink from his/her country.

International law protects the rights of patients such as the Declaration on the Promotion of Patients’ Rights in Europe, the World Health Organisation mandate, the European Charter of Patients’ Rights and the Charter for the fundamental rights of the European Union.  In Cyprus these are protected by the law that Secures and Protects the Patient’s Rights (Law 1(I)/2005).  Because of the provisions of this law a patient has the right:

As we have pointed out before, keep detailed records and photographs of wounds, facts, procedures, operations, names, medication, therapy, and dates regarding your injury.

Legal Advice:  Claiming damages for personal injuries from medical malpractice or negligence is not an easy task and it may even prove overwhelming for the injured individual.  However it is vital for the injured individuals to seek legal advice because they may succeed in recovering the funds necessary for protecting their future health and the welfare of themselves and their families.

Causes:  This section does not cover medical negligence or malpractice but covers cases where a professional in another field has represented to the client that he/she has professional i.e. more than regular skills and abilities.  Standard rules of negligence or malpractice apply i.e. duty of care that has been breached by the professional and cause loss or damage to the client.  By virtue of the services offered or supplied by professionals these are deemed to be of a higher than average standard and a specific set of legal rules determines the standards against which to measure the quality of the services expected as compared to those delivered.  Claims in this area may be against a broad range of professionals such as:

Damages:  Professional negligence or malpractice could cause both injuries e.g. a traffic accident that was caused by faulty mechanical repairs or economic losses e.g. from a need to repair faulty works carried out on a building.  Some specific examples of conduct that may justify taking action against a professional for negligence or malpractice are the following:

Evidence:  As we have pointed out before, in the rare case of an injury due to professional negligence or malpractice, the injured party would need to visit specialist doctors and obtain a specialist report for the injuries, including any clinic or hospital medical records.  In all other cases claimants should keep detailed records and photographs of facts, procedures, names, corrective measures and dates regarding any relevant information that is connected with their economic loss e.g. house prises, expenses paid to correct the problem, details of your investment portfolio etc.  A claimant may also need to adduce expert evidence in court from another professional in the field who shall testify as expert witnesses on your behalf.

Legal Advice:  In many instances professionals carry professional indemnity insurance.  This however may not cover the particular damage or it may only cover up to a certain limit.  Insurance companies may also trick the claimant to settle their claim for a much lower amount than they are entitled.  It is important to realise that obtaining compensation does not necessarily mean that the professional you have engaged was not good at his/her work.  Claiming damages for losses or personal injuries from professional negligence or malpractice is not an easy task.  Therefore it is vital for the claimants to seek legal advice before talking to the insurance company so that they shall be compensated and restored for their loss or damage.

Causes:  Product Liability is a strict enterprise liability for all producers and retailers that their products may cause any harm to consumers.  This means that consumer goods such as any item consumers buy for themselves or their home like clothing and footwear, detergents, cosmetics and perfumes, household appliances; watches and clocks; furniture, musical instruments; sports goods, toys and tools, but also agriculture and fishery products are covered by consumer protection laws that impose strict liability obligation to all producers and retailers.  A defective consumer good is any product that falls below the standard that a reasonable consumer is entitled to expect such as:

The only defence of a producer is to demonstrate that the defect could not be known by any scientific method but it has never been successfully invoked since producers don’t like to make risks of their activities public.

Damages:  A consumer may suffer loss or injury as a result of goods that were manufactured defective or their design was basically unsafe or from goods that are dangerous and are not labelled appropriately with warnings or do not have appropriate or adequate safety instructions.  Such consumer has a right to sue the producer or the supplier for compensation for any loss or personal injury caused by such products. Some specific examples of such products are the following:

Major problems with products may cause loss or injury such as burns, bruises, or even paralysis and death.  However for minor problems consumers must give the supplier the chance to fix the product and may choose:

Evidence:  As we have pointed out before, in the rare case of an injury due to unsafe consumer goods, the injured party would need to visit specialist doctors and obtain a specialist report for the injuries, including any clinic or hospital medical records.  In all other cases claimants should keep detailed records and photographs of facts, procedures, names, corrective measures and dates regarding any relevant information that is connected with their economic loss.  In rare occasions a claimant may also need to adduce expert evidence in court from another professional connected with the product that was defective or unsafe who shall testify as expert witnesses on your behalf.

Legal Advice:  In many instances producers or retailers carry product liability insurance.  This however may not cover the particular damage or it may only cover up to a certain limit.  Insurance companies may also trick the claimant to settle their claim for a much lower amount than they are entitled.  Claiming damages for losses or personal injuries from unsafe or defective products is a complex task.  On one hand it imposes certain criteria to prove the producer’s or manufacturer’s fault on the hand it imposes a burden on the claimant to prove the loss and damage.  This requires an investigation of the circumstances that led to the injury, an investigation of the product and a report or the testimony of an expert witness as explained above.  Therefore it is vital for the claimants to seek legal advice before talking to the manufacturer or their insurance company so that they shall be compensated and restored for their loss or damage.

With our skill and experience we can give legal advice and help our clients at every stage of the process from the day we are engaged until proper compensation is awarded.  We shall gain assess your records quickly and, instruct you to take the necessary steps and advise as to the merits of your case.  We provide legal advice to both individuals and businesses for any damage suffered damage or personal injury as a result of any tortuous incident.

Our services include all personal injury and loss matters, claims and disputes such as: