What Are The Remedies in Personal Injury Cases?
There are two types of remedies available to victims of personal injury: (1) preventive remedies; and (2) compensatory remedies.
Preventive remedies include the issuance of a writ of preliminary injunction. The Philippine Rules of Court define said injunction as an order granted at any stage of an action or proceeding prior to the judgment or final order, requiring a party or a court, agency or a person to refrain from a particular acts or acts. It may also require the performance of a particular act or acts, in which case it shall be known as preliminary mandatory injunction. Further, a temporary restraining order is also another preventive remedy provided by the rules. Such an order is issued in cases of great or irreparable injury or a matter of extreme urgency. It may be effective for a period of twenty (20) days from service on the person sought to be enjoined; or a period of seventy-two (72) hours from issuance of the order, as the case may be.
On the other hand, compensatory remedies include an action for damages filed in court. This directly addresses the primary purpose of personal injury cases, that is, to provide compensation to the victims. However, such may be too costly especially in cases where the injury involved is minimal.
Alternative Schemes on Personal Injury Cases
With this, the Philippine Legislature incorporated in the laws some alternative compensation schemes on personal injury cases. Atty. Timoteo Aquino in his book, Torts and Damages, 2001 edition, enumerates such alternative schemes:
Nevertheless, recovery cannot be made from said Employees Compensation Commission if the victim or his heirs already made a recovery under the provisions of the New Civil Code.
Indeed, Philippine Laws provide numerous remedies for personal injury cases. The only matter left to do is to ensure effective enforcement on the part of the government with these personal injury cases.