What has to be proved, how long you have, road, workplace, medical and property claims, and how compensation is assessed, including a family's claim after a death. Each question below is answered on its own page, by reference to the law of Trinidad and Tobago.
These questions belong to Personal Injury and Negligence, the practice page that sets out how such a matter is run.
Last reviewed 19 October 2026
Questions on personal injury and negligence
- What has to be proved in a negligence claim in Trinidad and Tobago? An injured person who sues in negligence must prove, on the balance of probabilities, that the defendant owed them a duty of care, failed to take the care a reasonable person would have taken, and caused them damage of a kind that was reasonably foreseeable. If the injured person’s own carelessness contributed to the damage, the claim does not fail for that reason, but the damages are reduced.
- How long do I have to file a personal injury claim in Trinidad and Tobago? Generally 4 years. Under the Limitation of Certain Actions Act, a claim for damages for personal injuries caused by negligence, nuisance or breach of duty must be brought within 4 years from when the cause of action accrued, or from when the injured person first knew the relevant facts. The court may direct that the 4-year limit does not apply, weighing the prejudice to each side, but it has a discretion and may refuse. A person injured as a child generally has until 4 years after their 18th birthday.
- How do I claim after a road accident in Trinidad and Tobago? A person injured in a road accident can claim damages from the negligent driver and, in some cases, from the vehicle’s owner. Third-party insurance is compulsory and, subject to conditions and exceptions in the law, the insurer must pay a judgment against a person it insures. One condition is that the insurer had notice of the proceedings before or within 7 days after they began, or within such other period as the court, in its absolute discretion, considers equitable.
- What can I do if I am injured at work in Trinidad and Tobago? An injured worker may have two routes against the employer. The first is compensation under the Workmen’s Compensation Act, which does not depend on proving fault but has notice and claim deadlines and does not cover every worker, including most who do not do manual labour. The second is a claim for damages where the employer failed to take reasonable care for the worker’s safety, which must usually be filed within 4 years.
- Can I sue a doctor or hospital for medical negligence in Trinidad and Tobago? Yes, if the doctor, nurse or hospital failed to give the care that a responsible body of medical opinion would accept as proper, and that failure caused you injury. A bad outcome alone is not enough. Public hospitals are run by Regional Health Authorities, which can be sued in their own names. The claim must usually be filed within 4 years from when the cause of action arose or from when you first knew that the injury was significant and was linked to the care you received; a person injured as a child generally has until 4 years after turning 18.
- Who is liable if I am injured on someone else’s property in Trinidad and Tobago? Usually the “occupier”, meaning the person who controls the premises, such as the owner, a tenant or a business. Trinidad and Tobago has no Occupiers’ Liability Act, so the common law applies. A customer or other business visitor can recover damages for an injury caused by an unusual danger that the occupier knew or ought to have known about and failed to take reasonable care to guard against. Other entrants are owed less.
- How is compensation for personal injury assessed in Trinidad and Tobago? The court awards special damages for losses already incurred and proved, such as medical bills and lost earnings up to trial, and general damages for the injury itself, pain and suffering, loss of amenity and future losses. Interest may be added, and judgments generally carry interest at 5% a year. Damages are reduced where the injured person’s own fault contributed to the injury, and losses they unreasonably failed to avoid are not recoverable.
- Can the family claim if someone dies because of another’s negligence in Trinidad and Tobago? Yes. Under the Compensation for Injuries Act, close relatives of the deceased, called “dependants”, can claim damages for the loss the death causes them, if the deceased could have sued had they lived. The executor or administrator brings one action for all of them, generally within 4 years of the death; if they have not sued within 6 months, any dependant may. The deceased’s estate also has its own, separate claim for the deceased’s losses.
Important notice. This page is general information about the law of Trinidad and Tobago. It is not legal advice, and reading it does not create an attorney-client relationship. The law changes, and how it applies depends on the facts, so take advice on your own situation before you act. Court decisions are cited for the principle they state; similar results cannot be guaranteed, and a decision may be subject to appeal or change.
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Commentary / Personal injury and negligence
Personal Injury and Negligence in Trinidad and Tobago
By Suraj Sakal, Attorney-at-Law, called to the Bar of the Republic of Trinidad and Tobago