Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Guatemala City, Guatemala Attorneys in related practice areas.
The area of Accidents and Injuries Law in Guatemala City involves circumstances in which a person is harmed as a result of another's negligence or intentional conduct. This would include, but isn't limited to, situations involving motor car accidents, slip and fall incidents, product liability issues, medical malpractice, and work-related injuries. Claims will often involve insurance companies and will need to be commenced within a specific time limit, known as the statute of limitations.
Engaging a lawyer can be beneficial in these instances as they can assist in navigating the often complex areas of insurance claims and civil litigation. Lawyers can represent you in court and negotiations, provide advice on the merits of your case, conduct investigations, engage appropriate experts, and ensure any compensation claims are appropriately calculated and submitted on time.
In Guatemala City, the Civil Code is the main legislation that governs the area of Accidents and Injuries Law. It adopts the concept of 'tort' where a person can claim compensation for damage caused by the fault or negligence of another. Generally, the standard of proof is a balance of probabilities, meaning the incident was more likely to have occurred than not. Also note that Guatemala has a strict liability regime, which means that some categories of people, such as employers, can be held liable for injuries regardless of whether they were at fault.
The statute of limitations for accident and injury claims is generally one year from the date of the accident. However, it can vary depending on the specifics of the case, therefore you should always seek legal advice to avoid exceeding the deadline.
Yes, under Guatemalan law, even if you were partially at fault (contributory negligence), you are still entitled to claim compensation. However, your compensation amount will likely be reduced reflective of your degree of fault.
You may be able to claim for medical expenses, loss of earnings, pain and suffering, future loss, and sometimes for moral damages, though these can be harder to quantify and prove.
In this situation, you may be able to seek compensation from your own insurance company if you have uninsured/underinsured motorist coverage. Otherwise, recovering compensation may be difficult.
It's generally advisable to seek legal advice before accepting any offer from an insurance company, as once you have accepted an offer, you may forgo any future rights to claim further compensation.
You may find it useful to visit the website of the Guatemalan Ministry of Labour and Social Protection which provides information about workers' compensation rights and laws. There are also numerous non-profit organizations in the city that offer legal advice for accident and injury victims.
If you believe you have a claim, it is important to act quickly due to the time limitations that apply. This includes seeking immediate medical attention, writing down everything you remember about the incident, retaining vital evidence like photos and witness details, and engaging a legal professional who specializes in accidents & injuries law to ensure your rights are protected.
