Personal Injury Claims in Cyprus: Liability, Evidence and Damages

3 Aug

Quick answer: A personal injury claim in Cyprus requires three things: that someone owed you a duty, that they breached it, and that the breach caused injury capable of being valued. Road traffic accidents, accidents at work, unsafe premises, medical negligence and defective products are the usual sources. Personal injury claims must generally be brought within three years of the injury under the Limitation of Actions Law 66(I)/2012, which is half the period allowed for ordinary contract claims, so the date of the accident matters from day one. Most claims settle; the ones that do not are usually about causation or about how much, rather than about fault.

Establishing Liability

A claim arises where someone else was negligent or failed in a legal duty, for example in a road accident, at work, or because of unsafe premises.

Negligence is not the same as an accident having happened. The question is whether the defendant fell below the standard of care the law required of them in that situation, and whether that failure caused the injury rather than merely preceding it.

Contributory negligence is common and does not defeat a claim. Where the injured person contributed to their own injury, damages are reduced to reflect their share of responsibility.

Evidence, and Why the First Two Weeks Matter

Liability is decided on evidence that mostly exists in the days immediately after the accident, and disappears quickly afterwards.

The material worth securing at once includes the police or accident report, photographs of the scene and of the vehicles or equipment involved, the names and contact details of witnesses, any CCTV before it is overwritten, the employer's accident book entry, and the first medical record made after the injury.

CCTV is the item most often lost. Systems commonly overwrite within days, and a written request to preserve it, made early, changes what is available at trial.

Medical Evidence

Medical evidence does two separate jobs, and confusing them weakens claims. It proves that the injury was caused by the accident, and it establishes the nature, severity and likely duration of the consequences.

A gap between the accident and the first medical attendance is the point most often taken against a claimant, because it invites the argument that the injury arose from something else. Prompt attendance is worth more to the claim than any later report.

What Damages Cover

Recovery covers medical costs, lost income, and the non-economic impact of the injury.

In practice the heads of loss usually examined are:

Pain, suffering and loss of amenity, meaning the effect on your life rather than your wallet.
Past loss of earnings, evidenced by payslips, accounts or tax returns.
Future loss of earnings or earning capacity, where the injury affects the work you can do.
Medical and rehabilitation expenses, past and future.
Care and assistance, including help provided unpaid by family.
Travel and other out-of-pocket expenses.

Compensation varies with the severity of the injury, its effect on life and work, and documented financial losses, rather than by reference to standard amounts. Keeping receipts and a simple record of the practical effects of the injury is worth more than it sounds.

The Three-Year Limitation Period

A claim for damages for personal injury must generally be brought within three years, under the Limitation of Actions Law 66(I)/2012. Ordinary contract claims have six years, so the period here is half as long.

Time usually starts from the date of the injury, though there are exceptions, and different rules can apply where the injured person is a minor or where the damage became apparent later. Whether an extension is available in a particular case is a question to put to a lawyer early, not once the period has run.

Because the period is shorter and the evidence perishes faster, delay costs more in personal injury than in most other civil claims.

Dealing With Insurers

In most road traffic and employer liability claims the real counterparty is an insurer, not the individual who caused the accident.

An early offer is not evidence of the claim's value. It is made before the medical position is settled, which is precisely when settling is least advisable. A claim should not be valued until the medical evidence shows whether the injury is resolving or permanent.

We act both for injured claimants and for insurers, which means we know how each side assesses a file.

Frequently Asked Questions

What if I was partly at fault?

You can still claim. Damages are reduced in proportion to your share of responsibility.

How long will it take?

It depends chiefly on the medical position. A claim cannot sensibly be valued until it is clear whether the injury is resolving or permanent.

Should I accept the insurer's first offer?

Not before the medical evidence is complete. An early offer reflects what is known at the time, which is usually less than the eventual position.

How long do I have to bring a claim?

Generally three years from the injury, under the Limitation of Actions Law 66(I)/2012, against six years for contract claims. Time usually runs from the date of the injury, with exceptions. Advice should be taken promptly after an accident.

By Klitos Platis, Advocate

Klitos advises on litigation, corporate and commercial law, real estate, construction and energy at Kleanthous & Platis LLC in Nicosia.

This article is for general information only and does not constitute legal advice. Laws and their application can change, and individual circumstances differ. Please contact Kleanthous & Platis LLC for advice on your specific situation.

Klitos Platis