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The Cambodian legal system covers accidents and injuries through two major legislative provisions: the Civil Code and the Criminal Code. These codes oversee matters involving the conduct of individuals and entities that could lead to or have caused accidents and injuries, providing provisions on liability, damages, and compensation. This field of law broadly covers accidental injuries, work-related injuries, motor accidents, personal injuries, and other forms of harm that are inflicted upon a person due to the negligence or deliberate actions of others.
There are several reasons why one may need a lawyer in Cambodia for issues related to accidents and injuries. If you've been injured in a vehicle crash, in the course of work, or due to medical negligence, it's pivotal to have legal representation to ensure your rights are protected. A lawyer can help to navigate the intricate aspects of country’s legal system, construct a solid case and negotiate with insurance companies to seek adequate compensation. Furthermore, when there are disputes about who is at fault, a lawyer's input can be indispensable.
According to Cambodia's Civil Code, individuals who have caused harm to others due to negligence or intentional actions may be held responsible for compensation. The law also covers product liability and responsibility in case of traffic-related incidents. The Criminal Code also provides provisions for offences causing harm to others, which may lead to both, fines and imprisonment. The Labour Law additionally stipulates protection for workers in case of work-related injuries or occupational diseases.
Any injury that is caused either due to negligence or intentional harmful conduct by an individual, entity or institution, which leads to physical, psychological, or emotional harm, amounts to personal injury under Cambodian law.
The amount of compensation in Cambodia is determined case by case based on the degree of negligence, the extent of the injuries, the victim's income, and related costs, such as medical fees. There are no statutory maximum or minimum limits imposed.
Under Cambodian law, the concept of 'comparative fault' is recognized. Thus, you may still be entitled to compensation even if you were partially at fault. However, the compensation could be reduced proportionately.
There are statutory limitations on how long one has to take civil action after an injury. Generally, the statute of limitations is three years from the date of the injury.
Yes, Cambodian injury laws recognize psychological and emotional injuries. The victim must typically provide medical evidence to support such claims.
The Labour Law of Cambodia stipulates that employers are obliged to compensate workers who are injured in the scope of their work. The law provides for compensation, medical care, and rehabilitation.
In cases of medical negligence, the provable negligence of a medical professional which causes harm qualifies the victim to claim for compensation.
Road traffic accidents are unfortunately quite common in Cambodia. In such cases, the person responsible is often compelled to provide compensation to the injured party.
Even if the person responsible doesn't have insurance, it is still possible to file a claim against them. However, collecting compensation might be more complex and challenging in such situations.
Foreign residents in Cambodia can seek help from their respective embassies, local legal institutions or hire a local lawyer with professional expertise in accidents and injuries law.
In case of need for legal advice, numerous Cambodian institutions can be contacted, such as the Bar Association of the Kingdom of Cambodia (BAKC), the Council for Legal and Judicial Reform (CLJR), and the Cambodian Human Rights Action Committee (CHRAC). NGOs and community-based organizations can also be excellent resources. Healthcare institutions and insurance companies can also prove helpful in the provision of relevant information.
If you find yourself in need of legal assistance in the matter of accidents and injuries in Cambodia, it's advised to immediately consult with a legal professional who specializes in this area. Gather all relevant documentation, such as medical records, accident reports, and insurance communications. Finally, ensure constant communication with your legal representative to understand the progression of your case.
