Claims for injury caused by someone else's fault: road traffic accidents, injuries at work, falls on unsafe premises, negligent professionals and claims against public bodies — and the four-year limit that governs almost all of them.
Which of these is you?
- Hurt in a road accident A claim against the driver, usually paid by their insurer if notice is given in time.
- Injured at work Workmen's compensation, a negligence claim, or both.
- A fall on someone else's premises The occupier's duty, and why you were there.
- Harmed at a public hospital, or by the police Claims against a Regional Health Authority or the Attorney General.
- An accident some time ago The four-year limit, and when it starts.
- Wondering what the claim is worth Special and general damages, and why the medical report matters.
Ask about this
Have an injury claim?
Say when and where it happened, who was responsible, and what the injury is.
What this covers
- Road traffic accidents against the driver at fault and, through compulsory insurance, the insurer, which must be given notice of the claim in time
- Injuries at work workmen's compensation where the Act covers you, and negligence where the employer was at fault
- Falls and unsafe premises the duty an occupier owes to people who come onto the property
- Professional negligence a doctor, an attorney, an engineer who fell below the standard expected
- Claims against public bodies a public hospital, through the Regional Health Authority that runs it; the police and government departments, through the Attorney General under the State Liability and Proceedings Act
- Fatal accidents claims by the family of someone killed
- Assessment of damages what the injury is worth, in general and special damages
- Limitation the four-year limit, and the knowledge and disability rules that can move it
Handled elsewhere
- Recovering what is awarded Civil Litigation
- Police mistreatment as a breach of constitutional rights Constitutional and Administrative Law
How it works
Everything begins with a consultation. You set out what happened, what the injury is, and what it has cost you so far. That conversation is for working out whether someone is at fault, whether the claim is in time, and what it will take to prove.
- The evidence. Medical reports, photographs, witnesses and documents gathered while they still exist.
- Preparation. Fault and loss worked up; the pre-action letter sent to the person responsible and their insurer.
- Resolution. Settled with the insurer on terms that reflect the injury, or tried.
In detail
What the claim is
Someone else's carelessness has cost you your health, your income or both. The law's answer is damages, money, because it has nothing else to give. Reaching it means proving fault, proving the loss, and doing both within the time the law allows.
Time limits
Time is the first thing. A claim for personal injury must be brought within four years. The clock usually starts on the day of the injury, but where an injury only comes to light later, it starts when you first knew of it, or could reasonably have found out. The court has a power to let a late claim proceed where it would be inequitable not to, but that is a discretion to be argued for, not a right to be relied on. Four years sounds long. With medical evidence, witnesses and an insurer on the other side, it is not.
Road traffic accidents
Road traffic claims are the most common, and the driver's compulsory third-party insurance is usually what pays, provided the insurer is told of the claim before, or within seven days after, it is filed. Miss that, and the insurer may not have to pay the judgment unless the court allows a longer period. If the insurer still does not pay, a claim against it has its own four-year limit, which may run from the first judgment against the driver, even if damages are assessed later.
Injuries at work
An injury at work can be claimed under the Workmen's Compensation Act, which pays compensation based on earnings without proof of fault. It covers manual workers, but not most office and professional staff. Notice of the accident must be given as soon as practicable, and before you leave that job of your own accord, and the claim must be made within a year of the accident, unless there was a reasonable cause for the delay. Where the employer was at fault, there is also a claim in negligence, which can recover more.
Unsafe premises
A fall on someone's premises engages the occupier's duty of care. How far that duty goes depends on why you were there: a customer is owed more than a guest, and a guest more than a trespasser.
Claims against public bodies
A claim against a public hospital is brought against the Regional Health Authority that runs it. A claim against the police or a government ministry is brought against the Attorney General under the State Liability and Proceedings Act, with its own procedure.
What damages cover
Damages come in two parts. Special damages are the losses so far that you can add up and prove: medical bills, lost wages, the cost of care. General damages are for the injury itself: the pain, the loss of function, the effect on the rest of your life. There is no table. The courts assess general damages by comparison with what has been awarded for similar injuries before, which is why the medical report has to describe your injury exactly.
Evidence
The claim is only as good as its evidence, and the evidence is gathered early or not at all: the medical report, the photographs of the scene, the names of the people who saw it, the receipts. Once the other side has admitted nothing and denied everything, the case is what the file says it is.
Where this page stops
Where the claim has to be tried, that is civil litigation. What is done here is the claim built, fault, loss and evidence, and the demand made, which is where many of them settle.
Questions
How long do I have to sue after an accident in Trinidad and Tobago?
Four years, usually from the date of the injury. Where an injury only comes to light later, time runs from when you first knew of it, or could reasonably have found out. The court can allow a late claim where it would be inequitable to refuse, but that is not something to plan around. A workmen's compensation claim has a much shorter limit: one year from the accident.
What is my claim worth?
No one can tell you a figure at the start, and anyone who does is guessing. Special damages are the losses you can add up. General damages are assessed by the court against what has been awarded for similar injuries, which is why the medical evidence matters more than anything else.
Can I claim if I was partly at fault?
Yes. Your damages are reduced by your share of the blame, not wiped out. A driver who was speeding can still recover against a driver who ran the light.
I was injured at work. Do I sue my employer?
Possibly both routes. Workmen's compensation pays without proof of fault, but only to workers the Act covers. Notice of the accident must be given as soon as practicable, and the claim made within a year. A claim in negligence requires you to show the employer failed in their duty, and can recover more. If you are insured under National Insurance, claim employment injury benefit as well, within fourteen days of the injury.
The other driver's insurer will not pay. What now?
The claim is brought against the driver, and the insurer is given notice before, or within seven days after, the claim is filed. If that notice is given, the insurer must generally satisfy a judgment for injury against the person it insured, even if it says it could cancel the policy. If the insurer still does not pay, the claim against it has its own four-year limit, which may run from the first judgment against the driver, even if damages are assessed later.
Can I sue a public hospital or the police?
Yes. A claim against a public hospital is brought against the Regional Health Authority that runs it, in the Authority's own name. The police are sued through the Attorney General, under the State Liability and Proceedings Act, which has its own procedural requirements. Where the police conduct also breached your constitutional rights, that is a separate claim.
What evidence do I need?
A medical report that describes the injury and its effects. Photographs of the scene and of the injury. The names and numbers of anyone who saw it. Every receipt. All of it gathered now, because none of it improves with time.