Personal Injury in Brazil

Personal Injury in Brazil is somewhat new. Although those who suffer an accident many times obtain some kind of compensation through the legal system, most of the time they will be compensated only for actual losses. This means that damages related to suffering and the moral aspects of a personal injury have been largely ignored so far.

However, Brazil has gradually evolved towards a better developed country since the Fernando Henrique Cardoso presidency (1995-2003). Since then inflation has been under control, and the poverty and lack of basic education have been reduced substantially.

It is not a surprise that under such changes the legal system has slowly but steadily increased how much subjective aspects as physical and moral pain should be protected. It is in this context that Oliveira Lawyers represent clients in personal injury cases involving death or serious accidents suffered in Brazil by Brazilians or foreigners while in Brazil.

Personal Injury Cases

We handle personal injury cases in areas such as:

• Road Traffic Accidents
• Product Liability
• Medical Negligence
• Industrial Disease Cases
• Birth Injury
• Slip and Fall
• Truck Accidents
• Whistleblowers
• Wrongful Deaths

Other personal injury cases include construction accidents, insurance disputes, spinal cord injuries, qui tam, brain injury, class action and mass torts, labor and employment, medical malpractice, and workers compensation.

Class Actions in Brazil

Class Actions in Brazil are substantially different than those in the US. Differences exist not only because of the different legal system but also the cultural understanding of how courts should handle cases involving multiple plaintiffs.

Potential class actions in Brazil (aka “Ação Civil Pública”) may be considered in the following areas:

• Defective Drugs
• Consumer Fraud
• Medical Devices
• Security Fraud