Personal Injury Claims under Cyprus Law
Personal injury claims may arise in a wide range of circumstances, from road traffic and workplace accidents to injuries sustained in public or private places and cases of medical negligence.
Establishing liability
Most personal injury claims are founded on the tort of negligence under the Civil Wrongs Law, Cap. 148. Liability arises where a person owed a duty to take reasonable care, failed to do so, and that failure caused the injury. Common examples include a driver who fails to exercise the care expected of a reasonably competent driver, and an employer who fails to provide a safe system of work. Others are a person responsible for the safety of premises who fails to take reasonable precautions, and a medical practitioner who departs from accepted medical practice.
The burden of proof rests on the injured person, on the balance of probabilities. Where the injured person contributed to their own injuries, the claim is not necessarily defeated. The court may instead reduce the award to reflect that contributory negligence.
The role of evidence
The outcome of a claim depends to a large extent on the available evidence. Medical records made soon after the accident carry particular weight, as they document the injuries and help establish their cause. A significant delay in seeking treatment may lead to causation being disputed. Photographs, witness evidence, CCTV footage and police records may also be relevant, as may the employer’s records in workplace accidents. Financial losses must be supported by documentation, such as receipts and evidence of loss of earnings.
Damages
Damages in personal injury claims are divided into general and special damages. General damages compensate mainly for pain, suffering and loss of amenity. They are assessed by reference to the severity of the injuries, the medical evidence and awards made in comparable cases. Special damages cover financial losses incurred up to the date of trial, such as medical expenses and loss of earnings, and must be specifically pleaded and strictly proved. In cases of serious injury, future losses may also be recoverable, including loss of earning capacity and the cost of further treatment or care. Where an accident results in death, the deceased’s dependants may be entitled to compensation.
Settlement and court proceedings
In road traffic accidents, compensation is normally paid by the insurer of the party at fault, since third-party motor insurance is compulsory. Where the vehicle at fault is uninsured or cannot be traced, a claim may be made to the Motor Insurers’ Fund. Many claims are resolved through negotiation. Settlements are usually concluded on a full and final basis, which generally precludes any further claim arising from the same accident. Where no agreement is reached, the claim proceeds by way of an action before the competent District Court.
Limitation period
Under the Limitation of Actionable Rights Law of 2012 (Law 66(I)/2012), an action for damages for personal injury arising from negligence must generally be filed within three years. Time runs from the date on which the cause of action accrued. Where the injured person became aware of the injury at a later date, time runs from the date of that knowledge.
