Conditions for compensation in America


Conditions for compensation in America

In order for the compensation claim to be filed and accepted before the judicial authorities, there must be general conditions and procedures that include all types of cases in general. As follows.


Conditions for compensation in America

General conditions related to the form The general conditions related to the form and procedures are among the most important conditions that must be met to accept the compensation claim before the administrative court, including the presence of a prior administrative declaration through which the plaintiff can prove his right to compensation, as well as the conditions that must be met in the lawsuit petition as follows:


Existence of prior administrative approval

It is a decision that the claimant obtains compensation from the administrative authority that has the harmful administrative activity, where the fact that caused harm to this claimant is stipulated, and that decision must be issued in accordance with the procedures stipulated in the law, and on the contrary, the invalidity of this case may be challenged before the judiciary, which was rejected on the grounds that it was not It fulfills the requirement of obtaining a declaration of the administrative authority that is the owner of the harmful activity in accordance with the law.


Terms of the petition

In order to accept the case, there must be a written claim statement signed by a lawyer, including all the data that the law requires to be clearly and accurately without room for ambiguity or error. His residence, the full name of the defendant and his place of residence, and then a presentation of the facts of the case and clearly and accurately identifying the plaintiff's requests.


Interest clause

The condition of interest is one of the most important conditions for accepting lawsuits in general and in the compensation lawsuit in particular, in accordance with the long-established legal principle (no lawsuit without interest), and perhaps this interest is the practical and legitimate benefit that the plaintiff seeks in the lawsuit to achieve, through Resorting to the judiciary and demanding compensation for the damages he sustained.


Conditions to be fulfilled in the interest

In order for the interest to be valid, the law requires conditions, the most important of which are: that it be legal and legitimate, that it be personal and direct, as well as that it exists at the time of filing the lawsuit or is definitely likely to take place.

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