أسئلة وأجوبة
Filing a civil case to recover the full amount after winning a criminal case with a lower judgment
Greetings to all,
I won a criminal case, but the judgment amount is nowhere near the actual amount the defendant took. If I file a civil case, can I claim the full amount again?
I have solid evidence, but in the criminal case, the expert refused to acknowledge it. Anyway, the judgment was issued for a small amount.
I need advice on whether I can claim the full amount in a civil case.
Greetings,
Yes, you can file a civil case to claim the full amount the defendant took from you.
Unlike a criminal case, where the focus is on punishment, a civil case allows you to seek full financial compensation based on your evidence. If you have strong proof, the court may award a higher amount.
For a detailed legal assessment and the best course of action, book a consultation with us today!
Dear Valued Client,
Thank you for your inquiry regarding the possibility of pursuing a civil case following your criminal case judgment.
I appreciate the opportunity to provide you with professional guidance on this matter.
Based on the information you've provided, here are the key points to consider:
1. Civil Case Viability:
You are indeed entitled to file a civil case to claim the full amount owed, even after the criminal proceedings have concluded. The civil court has the authority to independently assess financial claims and award compensation based on the evidence presented.
2. Evidence Presentation:
In your civil case, you may present all relevant evidence, including that which was overlooked or not considered in the criminal proceedings.
This is an opportunity to demonstrate the actual amount owed through detailed documentation, contracts, financial records, and any other pertinent information.
3. Burden of Proof:
The civil case operates on a "balance of probabilities" standard, which may be more favorable for your claim compared to the "beyond reasonable doubt" standard in criminal cases.
4. Timeframe and Statute of Limitations:
Be mindful of the statute of limitations for filing a civil case. Ensure you initiate proceedings within the legally prescribed timeframe to avoid forfeiting your right to claim.
5. Legal Representation:
Given the complexity of your situation, it is advisable to engage a legal professional experienced in UAE civil litigation to represent your interests effectively.
Should you decide to proceed with a civil case, our firm is well-equipped to assist you in preparing a comprehensive claim and representing you throughout the proceedings.
If you have any further questions or would like to discuss this matter in more detail, please do not hesitate to contact our office to schedule a consultation.
Best regards,
ABDUL WAHIED
