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Compensation and Provisions thereof in accordance with Kuwaiti law 

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The Kuwaiti legislator has made provisions for compensation to redress all kinds of harm, and when the aggrieved person seeks compensation for the damage he has suffered, provided that the compensation is complete for the total damages that occurred based on the Sharia rule “the damage is removed” and The judiciary relies on several elements when estimating the amount of compensation for physical, mental and material damage, provided that the amount of compensation compensates for the harm inflicted, and the harm is the harm that affects a person in his body, money, honor or affection, and claims for damage and claims for compensation take the largest part of the total cases In Kuwaiti courts, damage may occur from a person, institution, or employer. Compensation claims take several forms, including compensation for administrative decisions, civil claims for both criminal cases, whether they are a misdemeanor or felony, and others.

What does error have to do with damage?

Error is an important element of the Tort claim and the right to claim compensation, based on the legal rule "Any fault that causes damage to others is required to be compensated, and an error is an unlawful act - whether intentional or not - those results in material or mental harm. If there is no fault or the fault does not cause damage, no action for compensation for material and mental damages may be instituted. If you have a claim dispute with another person, you can consult a Kuiwiti civil litigation lawyer who will help you obtain proper compensation. 

Elements of Tort Liability

Tort liability is the sanction for breach of a legal duty resulting in harm to the others, and tort liability is the basis of a claim for compensation for material and mental damages. Tort liability results in a person's wrongful act resulting in damage to others, which entails liability and compensation for such damage. Tort liability is divided into three sections:

  • Error: It is the first material element, represented in the fact that it is an illegal act that results in material or mental damage.
  • Damage: It is the mental element to be made available after the material element of error, which strikes the complainant as a result of the error.
  • Causal relationship: It is the relationship between the error and the damage, whether material or mental.

Damage That Require Compensation:

  • Loss: If there is no loss, the person is not entitled to claim compensation, and therefore the damage must have already been done, or be inevitable in the future. If there is no loss resulting from the damage, the complainant has no right to sue for damage.
  • Loss of profit: It is the gain that a person leaves for the sake of an obligation with another party, and when the other party breaches the agreement, the damage on which the claim for compensation is based results.

General conditions that must be met in damages:

  • Confirm damage
  • The damage is caused by a direct dispute
  • Damage to a legitimate

Here, we have arrived at the conclusion of this article presented on the Integrated Legal Group website, in which we touched on the nature of compensation and the relationship of Error with damage, in addition to the elements of tort liability, and a statement of the elements of tort responsibility and the types of damage that require compensation, and other points, and it becomes clear the need to hire an experienced Kuwaiti civil lawyer to represent you in compensation claims before the competent court in Kuwait, as well as to obtain the best judgment as quickly as possible at the discretion of the judge.