Material Damage Vs Injury

Summary

Material damage and personal injury are distinct claims, each assessed on its own merits. Res judicata typically doesnt apply if claims differ. Liability changes can impact both claims. Malicious prosecution requires evidence of wrongful intent and damages. Legal costs may be borne by the losing party. For a case valued at KSH 700,000, payment depends on judgment specifics.

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is material damage and personal injury same claim
Material damage and personal injury are typically handled as separate claims because they involve different types of losses.
- Material Damage: Compensation for repairs or replacement of damaged property.
- Personal Injury: Compensation for medical expenses, pain and suffering, and other related costs.
Are you dealing with a specific incident involving both material damage and personal injury?
can Iclaim material damage and respondend claim personal injury separately
Yes, you can claim material damage and the respondent can claim personal injury separately. Each claim will be assessed based on its own merits and the evidence provided. If you have any specific questions about your case or need further guidance, feel free to ask!
issue of res judicata wont arise
Case Rating: *
Res judicata, which means a matter that has been adjudicated by a competent court and therefore may not be pursued further by the same parties, would not typically arise if you and the respondent are claiming different types of damages (material damage vs personal injury).
Do you need more information on how to file these claims separately, or any specific legal advice?
and if liabily changes would it affect the other in both cases of material and injury
Case Rating: *
In cases involving both material damage and personal injury, liability changes can affect both claims. Here are some key points:
- Material Damage: If liability changes, the responsible party for the property damage may change.
- Personal Injury: Similarly, a change in liability can affect who is responsible for medical expenses and other related costs.
Would you like more information on how to proceed with filing these claims?
how do i file for malicious prosecution
Case Rating: *
To file for malicious prosecution in Nairobi County, you need to follow these steps:
- Gather evidence proving that the prosecution was initiated without probable cause and with malice.
- File a complaint in the appropriate court.
- Demonstrate that you suffered damages as a result of the prosecution.
Would you need more detailed information on any of these steps?
who pays for it
Case Rating: *
In a malicious prosecution case, the party who loses the case may be ordered to pay for the legal costs. This typically includes the cost of filing the lawsuit, attorney fees, and other related expenses.
Would you like more detailed information on any of these steps?
if the case tatal was * how much do they pay
Case Rating: *
If the total case value is KSH *,*, the amount paid would depend on the judgment and the specifics of the case, including legal fees and damages awarded.
Would you like more information on the potential costs and process involved in a malicious prosecution case?