A Guide to Personal Injuries Litigation

13 October, 2017

Overview

Every year[1], on average, 1115 car accidents are reported to the police in the Cayman Islands, some of which result in serious injuries or deaths. Other unexpected situations where injuries may arise include accidents at work, or in a public place. If you have been involved in an accident that was someone else’s fault you may have a right to recover compensation. The purpose of this article is to give guidance on how to manage these difficult, and often unexpected, events.

Time Limits for making a Claim

In most personal injuries cases there is a time limit of 3 years to start legal proceedings. There are some exceptions to this rule, including accidents on an airplane or at sea. However, it is important to see an attorney as soon as possible after you have been injured, as early advice is often useful and evidence can be located and preserved to support your case later.

The Role of an Attorney

If you have been injured in an accident Broadhurst offers a free initial consultation service, where we will review how the accident happened and will assess relevant documentation or correspondence received from the defendant or his insurer. We will discuss your injury and take details of any expenses that you may have incurred, or are going to incur. We will then consider the merits of your case and provide clear guidance about funding litigation.

If you decide to instruct Broadhurst LLC in your personal injuries claim we will immediately contact the defendant or their insurance company. Any further communication with the defendant or insurance company will be directly with us, saving you time and worry.

As with any legal matters, you are entitled to represent yourself. However, our experience allows us to identify, with precision, the strength of a case and to accurately value a claim. Our expertise will ensure that you are fully compensated for your injury.

How much am I entitled to?

There are two main types of compensation: -

  • General Damages, which are to compensate you for your pain and suffering (both physical and psychological). This can vary depending on the nature of the injury, the effect on your life and the likely recovery time;
  • Special Damages, which compensate for your out of pocket expenses caused by the accident. Examples include loss of wages, medical, pharmacy and physiotherapy costs, travelling expenses and property damage. It also includes your future care needs and likely future loss of earnings.  

It is important to consider whether you might be entitled to an interim payment of damages. The financial pressure after an accident can be considerable, especially if the injured party is out of work. The law in the Cayman Islands provides for payment of a sum of money prior to full resolution of a case, in certain circumstances. Whenever possible, we seek to obtain an interim payment for our clients to assist with monetary difficulties.

What will happen if I can’t settle my case?

At Broadhurst we strive to secure a settlement that properly reflects the seriousness of a injury. However, in certain circumstances settlement of proceedings may not be possible. Our attorneys have a wealth of experience in litigation and advocacy. In the event that a case does not resolve, we are well placed to guide you through the process all the way to and including trial.

For 25 years Broadhurst LLC has provided expert advice to its personal injury clients. The attorneys who work in our team are all highly experienced, and pride themselves on giving a professional, friendly service. If you have been injured in an accident it is advisable to seek the assistance of a lawyer who can give legal advice. For a free, no obligation meeting please contact us at Yvonne@broadhurstllc.com.

*This publication and the material on this website was prepared for general information purposes only to provide an overview of the subject matter. It is not a substitute for legal advice nor is it legal opinion and should not be taken as such. It deals in broad terms only and is subject to change without notice. If you require legal advice, please contact us and arrange a consultation.

 


[1] Average reported by RCIPS 2014, 2015, 2016. 




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