What is the liability for personal injuries?

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Artem Kovalev

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What is the liability for personal injuries?

Reading time: 5 min.

One of the most widespread criminal offenses in Ukrainian society is inflicting bodily harm. Bodily injury, whether accidental or intentional, always has serious consequences for the victims and society as a whole. Lawyer "Prikhodko and Partners" has many years of experience in successfully representing clients in court and out-of-court settlement of conflicts related to bodily injuries, so if you find yourself in such a situation, do not hesitate and contact us.

What are the types of injuries?

First of all, it is necessary to understand that bodily injuries mean violations of the integrity of organs and tissues that occur as a result of the influence of external factors, including illegal actions of individuals. These events can have serious consequences for the physical health and functioning of the body.

Physical injuries according to the degree of severity are divided into

  • minor (these are minimal injuries that do not threaten life or lead to serious health consequences. For example, small cuts, bruises, etc.)
  • moderate (these injuries may be more serious and require medical attention, but not life-threatening. For example, broken bones, second-degree burns, serious cuts.)
  • severe (these injuries are serious and can lead to long-term or irreversible health consequences, including life-threatening. For example, spinal fractures, severe burns, brain injuries.)

What do you need to know if you are accused of causing bodily harm?

When you are suspected of causing bodily harm, it is important to keep a few key points in mind. In advance of a criminal investigation, some law enforcement officers may try to deliberately frame you for a crime, ignoring the possibility of your evidence or squeezing you with pressure. Such a situation requires timely recourse to an experienced lawyer.

It is also important to keep in mind that:

  1. Expert assessment: The degree of severity of bodily injuries is determined by experts, and not simply by the assessment of law enforcement officers.
  2. Severity Factors: The severity of injuries takes into account the duration of treatment and the degree of functional impairment of health, which may affect liability.
  3. Liability for a fight: In the event that an injury occurs during a fight, all participants may be held liable, except in cases of self-defense.

Overall, getting legal help right away and understanding your rights can be critical in pursuing a personal injury case.

Criminal liability for bodily harm

According to the Criminal Code of Ukraine, the punishment for causing bodily harm may be as follows:

  • fine (light corporal punishment - up to 50 n.m.g. (Part 1 of Article 125 of the Criminal Code) or from 50 to 100 n.m.g. (Part 2 of Article 125 of the Criminal Code);
  • community service (light physical work - up to 200 hours (Part 1 of Article 125 of the Criminal Code) or from 150 to 240 hours (Part 2 of Article 125 of the Criminal Code);
  • arrest (light corporal punishment - up to 6 months (Part 2 of Article 125 of the Criminal Code);
  • correctional work (light corporal punishment - up to 1 year (Part 2 of Article 125 of the Criminal Code); medium physical punishment - up to 2 years (Part 1 of Article 122 of the Criminal Code);
  • restraints of will (mild physical – up to 2 years (Part 2 of Article 125 of the Criminal Code); medium physical – up to 3 years (Part 1 of Article 122 of the Criminal Code);
  • deprivation of liberty (moderate corporal punishment - up to 3 years (Part 1 of Article 122 of the Criminal Code) or from 3 to 5 years (Part 2 of Article 122 of the Criminal Code); severe corporal punishment - from 5 to 8
  • years (Part 1 of Article 121 of the Criminal Code ) or from 7 to 10 years (Part 2 of Article 121 of the Criminal Code).

The punishment is decided by the court taking into account the circumstances of the case, including the seriousness of bodily injuries, the degree of guilt of the criminal, his previous criminal record and other circumstances.

Importantly! There are situations where inflicting bodily harm is not a crime, especially if it was done in self-defense when the person was defending themselves from an attack. It is necessary to convincingly prove that the damage was caused intentionally, without exceeding the limits of the necessary defense.

How can we help?

The lawyers of the company "Prikhodko and partners" provide a wide range of actions aimed at protecting the rights and interests of the defendant or the victim in the case of personal injury, in particular:

  • Consultation and assessment of the situation: We provide advice on the legal aspects of the case, identify possible defense strategies and assess the strengths and weaknesses of the case.
  • Support during the investigation: The lawyer provides support and defense during the investigative process, using his legal knowledge and experience.
  • Trial Preparation: Our firm's attorneys can prepare a defendant for trial by assisting with evidence gathering, preparing testimony and cross-examination, and providing information about the process and the rights of the victim or defendant.
  • Representation of interests in court: We act as a representative in court, protecting the interests of clients, presenting evidence and arguments in their defense.
  • Negotiations: Our attorney can negotiate with the prosecutor or other parties in the case in order to reach a settlement or enter into a plea agreement.
  • Appeal and cassation: If necessary, the lawyer can submit appeals or cassation statements to higher courts for review of the court decision.

If you have any questions, we look forward to your preliminary consultation! Fill out the form below to get a personal injury attorney fee estimate.

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Expert in the field of criminal, administrative and civil law. Specializes in military crimes and crimes in the financial sector

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