Do You Have a Personal Injury Claim?

Involved in an accident? Are you aware of your legal rights in Cyprus?

Personal Injury, is a term used for an injury to body and/or mind and/or emotions caused by the negligent conduct of another party. In Cyprus, personal Injury claims are regulated under the Civil Wrong Law, CAP 148. This legislation mostly follows the principles of English Law and covers negligence, personal injury and any other harm, wrongfully caused by one person to other.

MOST COMMON TYPES OF PERSONAL INJURIES

The most common types of accident in Cyprus are:

  • Accidents in the workplace;
  • Road Traffic Accidents;
  • Clinical / Medical Negligence Accidents;
  • Occupiers liability Accidents;
  • Slips, Trips and Falls

Many Cypriot citizens do not have a full understanding of their legal rights and of their ability to proceed with court proceedings in case of an accident.  If it’s proven that the damage the injured party suffered is caused by another’s party liability, and the injured party experienced financial loss due to this injury, then the injured party is entitled to monetary compensation.

TYPES OF DAMAGES

There are two types of Compensatory damages in Cyprus:

  1. General Damages: These are not measurable damages such as bodily harm, emotional and psychological harm, pain and suffering, loss of amenity, damage to private and family life.
  • Emotional and Psychological harm: Includes things like mental anguish, emotional distress, loss of enjoyment of life, fear, anger, humiliation, anxiety, and shock. Mental pain and suffering is basically any kind of negative emotion that a victim suffers as a result of the physical pain and harm of the accident.
  • Pain and Suffering:  Includes the physical and mental injury that the victim is suffering not only from the date of the accident but also detrimental effects that the victim is likely to suffer in the future.
  • Loss of Amenity: Relates directly to the non-financial impact the injury has on the victim’ social and family life and their ability to do their job.
  • Special Damages: These are measurable damages such as loss of earnings, medical expenses, travel expenses and any financial expenses incurred directly linked to the injury. They represent the actual monetary damages that lead to the victim’s financial loss. 

HOW TO MEASURE YOUR COMPENSATION

For General Damages, there is not an exact measure of calculating damages, as the reaction of every victim in an accident is unique. Therefore, the victim’s compensation depends of the type and the severity of the injury and the impact on the victim.

On the other hand, calculating Special Damages is a more straightforward procedure as it takes into consideration the actual expenses the victim experienced as a result of the accident. Any future expenses such as medical care or loss of income directly linked to the injury, are also considered.

DO YOU HAVE A PERSONAL INJURY CASE?

If you were a victim of an accident due to someone else’s negligence, which caused you to experience financial loss, either due to payment of medical bills or due to your inability to work, then you probably have a personal injury case and you can seek compensation.

Please keep in mind that there are types of injuries that may be not be immediately noticeable and it may be take days, weeks or months after the accident to realize that you have been injured.  Pay attention to your health and always visit a doctor immediately after an accident.

The content of this article is intended to provide a general guide to the subject matter and does not constitute a legal advice.

For any additional information, please contact us at [email protected] or at +357 22 42 11 90.

Guidelines Regarding The Dissolution of a Cyprus Company

There are two methods of dissolution of a Cyprus company:

  1. STRIKING – OFF: A summary procedure when the company has no assets or liabilities.It is considered to be the easiest and cheapest method of dissolution under section 327 of Cyprus Companies Law, Cap.113.
  2. MEMBERS VOLUNTARY LIQUIDATION: Comprehensive liquidation to distribute assets and liabilities of the company. It is considered to be a more formal method under sections 268 to 274 of the Cyprus Companies Law, Cap.113.

STRIKING – OFF

This method is considered to be the easiest and cheapest method of dissolution and is regulated under section 327 of Cyprus Companies Law, Cap.113.

Prior to initiating the procedure, it is important that the directors ensure that the Company has no assets or liabilities, particularly tax liabilities, to avoid objections to the striking off of the company by any creditors, or the Tax Authorities.

It is essential to submit up to date Tax Returns to the Tax Authorities and ensure that all taxes are settled so that Tax Clearance Certificate is obtained.

The Registrar of Companies takes internal action and informs the public its intention to strike off the company. The whole process takes several months until the Registrar of Companies publishes a final notice of the striking off, in the Official Gazette of the Republic.

A Company which has been struck-off from the Register can be restored, provided that an application is made to this direction prior to the 20 years’ expiration period from the date of publication notice of strike off, in the Official Gazette of the Republic.

MEMBERS VOLUNTARY LIQUIDATION

A Company may be wound up voluntarily if the company resolves so by special resolution under sections 268 to 274 of the Cyprus Companies Law, Cap.113,

This is a more formal and conclusive method of liquidation, whereas a licensed insolvency practitioner acting as liquidator is appointed, to initiate the liquidation proceedings.

A declaration of solvency is firstly sworn by all the directors in Court, stating that the company will be in a position to repay in full all of its debts and liabilities within a period not exceeding twelve months from the commencement of the dissolution. This declaration of solvency should be made within five weeks preceding the date of passing the resolution of dissolving the Company and a tax clearance certificate should already be obtained.

The liquidator informs the Cyprus Registrar of Companies that the company has been placed into members’ voluntary liquidation and an advertisement is placed in the Official Gazette of the Republic, giving notice to any creditors of the company to forward any claims against the company.

The Registrar of Companies will issue a Certificate of Dissolution within 3 months from this date of filing of the final liquidator’s accounts and the company is deemed to be dissolved.

The whole procedure takes approximately 6 months and fees depending on the work load involved.

The content of this article is intended to provide a general guide to the subject matter and does not constitute a legal advice.

For any additional information, please contact us at [email protected] or at +357 22 42 11 90.