Tuesday, 3 August 2010

Compensation for injuries/death

Q: My family and I got into a car accident around Carnival time and my sister was badly injured. She recently succumbed to her injuries. Can I sue the driver who caused the accident?

A: Firstly, my condolences. If you can find him, the Compensation for Injuries Act - Chapter 8:05 is the legislation that you can use to recover damages. According to Section 3, any death caused by a wrongful act, neglect or default is subject to compensation and can also result in arrest of the wrongdoer.

To bring such a case, if the person left a will, the executor/executrix has six months to file a claim. If there is no claim filed in six months, then the recognised dependants (grandparent, parent, spouse, child or sibling) may bring a case at the same time. There cannot be more than one action brought before the court, so each individual cannot file his/her own case.

To file this case, you will have to visit one of the High Courts in Trinidad and Tobago. You must know who the person is and how to find him because the court does not do any detective work.

2 comments:

  1. Hi. I was in a car accident. the person sustained slight whiplash and the passenger door was banged in. He does not want insurance to settle but rather go to court. I am not sure he has a case but why would he want to take me for court for such a small matter?

    ReplyDelete

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