Making a Personal Injury Claim in The Bahamas

Claiming compensation

An immense number of people are injured in accidents each year - at home, in their cars, at work, or outdoors. In many cases, someone else or something else is at fault and the accident victims have a right to compensation.

Although personal injury law is complicated, with the help of a personal injury attorney the process of making a claim can be quite straightforward. Many attorneys offer a free initial consultation and will be able to tell you if you have a justifiable claim.  You may, however, be required by your personal injury attorney to pay a small consultation fee.

What your attorney needs from you

To establish the details of your case, your personal injury attorney will need to know:

• the date of the accident and where and how it happened;
• the contact details for any witnesses;
• the details of your injuries, medical diagnosis and treatment; and
• whether you are a member of a trade union, as this may

The attorney may also need to see:

• proof of your loss of earnings and other financial expenses which are the result of your injury;
• documents relating to any insurance policies you have (such as household or motor insurance) to check whether these will cover the legal costs of your claim; and
• any documents that can be used to support your claim, including documents from before your accident or any evidence of previous accidents in similar circumstances.

How your attorney can help

Once you have explained the circumstances of your injury in detail, your Bahamian personal injury attorney will be able to judge:

• how likely your case is to succeed; and
• how much you might be able to claim in compensation.

They will also explain to you the legal processes involved in taking your claim further. And they will discuss with you exactly how you will fund your case. Don't be afraid to take notes, and make sure you ask your Bahamian personal injury attorney to send you a letter summarising the advice he or she has given you. This letter should confirm:

• that the attorney is happy to take your case on;
• the name and status of the attorney or other person in the firm who will be your main day-to-day contact;
• how long the process is likely to take and arrangements for progress reports;
• how you are funding the case, an estimate of your costs and any agreed spending limits;
• when you might have to pay the attorney's costs and when you might have to pay the defendant's costs (see 'Costs');
• details of any more information you need to provide; and
• what you should do if, for any reason, you are not happy about the way your case is progressing.

Making your claim

The first step your Bahamian personal injury attorney will take is to send a claim letter to the defendant. This sets out the details of your injury and the circumstances in which it took place. If you need an expert opinion to support your claim - from a doctor, for example - your Bahamian personal injury attorney will suggest a relevant specialist.

The person you are holding responsible for your accident (the 'defendant') then has to investigate and reply to the letter within a fixed period - your Bahamian personal injury attorney's letter to the defendant will specify the time within which the defendant is to reply. In their reply they must say whether they accept or deny liability for your injury. If they accept liability, your Bahamian personal injury attorney will try to settle the matter out of court.

Making an offer

Your Bahamian personal injury attorney will tell you what they think the value of your claim is. They may also ask you to give an indication of the level of compensation you are prepared to accept, and whether you want to make an 'offer to settle' for that amount. Your Bahamian personal injury attorney should also explain the effect of entering into negotiations and how best to protect you in the process.

If the defendant 'responds reasonably' to this offer and a figure is agreed, the matter can be settled without going to court. In some situations, the defendant may reply with a counter-offer of settlement. If this happens, your attorney will advise you what to do.

Court settlements

If you cannot settle for a fair amount out of court, your Bahamian personal injury attorney will advise you on whether to start legal action. If the defendant says they are not liable for paying you compensation, your Bahamian personal injury attorney may advise you to go to court to challenge them and to ask the court to award you compensation.

Countdown to court

If you decide to take the matter to court, your case will be passed to a judge. That judge will then be in charge of the timetable for your case in court. The court will let you know the date of your hearing, and your Bahamian personal injury attorney will tell you about any preparations you need to make.

The thought of going to court may be daunting, but it is important to remember that by this stage your Bahamian personal injury attorney will have prepared your case in detail and will have explained to you exactly what to expect. Then it's just a question of waiting to hear the judgement and finding out if you have won and have been awarded what you were claiming.

Costs

Attorneys' fees

Charges can vary between attorneys. They depend on:

• the experience and knowledge of the attorney; and
• the type and complexity of your case.

Before you decide who to use, check with a few different attorneys' firms to compare their charges and assess their experience at handling your type of case.

Your Bahamian personal injury attorney may ask you to pay their expenses to support your case as it progresses (for example, the cost of medical evidence). These expenses are known as 'disbursements'.

Covering your costs

There is no real system of legal aid for personal injury cases in The Bahamas . But if your case is successful, the defendant should pay most of your legal costs. This is because under Bahamian law the losing side generally pays the winning side's legal costs as well as their own. The question is: what if you lose?

There are not many options available in The Bahamas to make sure that you can cover your costs if this happens. The Code of Conduct of Attorneys in The Bahamas specifically prohibits an attorney from entering into a "no win no fee" arrangement with a client or potential client.  This means that, if you lose, you may be stuck with a heavy burden of paying your and the defendant's costs.  It is important for your Bahamian personal injury attorney to properly advise you of this and give you a realistic expectation of the likelihood of success of your claim to allow you to make an informed and realistic decision in proceeding with your claim.

This post is for your information only and nothing contained in this post is intended to constitute a legal opinion.  If you require any detailed advice you can contact a Bahamian personal injury attorney by clicking here.