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- Ask Elhais
May 20, 2017
Question: I was involved in a traffic accident that resulted in injury. It was referred to the traffic court and the other driver was sentenced. However, I want to file a civil case. What do I have to prove to win the case?
Answer: With these type of civil claims, you would have to prove the following three main factors: 1, That the harmful action was caused by the driver's mistake. If this is supported by the traffic court judgement, that would be helpful. 2, The harm done to you, and whether the injury caused moral or psychological harm or made you lose any of your potential profit and the medical expenses incurred, in accordance with Article 292 of Law 5 of 1985 Civil Transaction Law and its amendments. 3, The cause relationship between the harmful action and the harm itself. It needs to be proved that this harm was because of the harmful action and not for any other reason.