Search This Blog

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.


  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?

  2. Good night. I recently purchased a hair dye at a know establishment in Trinidad ,a dye I used more than once. After using this dye 24 hours later my scalp was full of blisters, the right side of my scalp was swollen and a stinging burning sensation. I immediately started to wash my hair as much as I can. Anyway the itch and burning stopped . I went to sleep and woke up wit the swelling in my forehead ,it travelled to my right side of my face till my right eye couldn't open. It travelled as far as my nose and I had difficulty breathing. I had to get medical attention which I was given 2 shots and medication. I try contacting the company and they didn't replied at first. I sent pictures of my injuries and explained to then this product should be taken off the shelf cus it could kill someone and I'll seek legal advice. When I mentioned that they replied and said they forwarded my complaint. I have to do a CT scam cus the swelling was so bad and I want to do a medical to make sure I have no long term injuries. How can I go forward with this matter if I can.

    1. Wow... I'm sorry I was away from my blog for so long. But this is a very serious issue. From what I'm reading, you may have a very good civil case for damages. If you still need advice, let me know.

  3. Hi... my foot was fractured sometime ago I went to the hospital they took Xray said nothing was wrong 8 days after excruciating pain I went back they did another Xray and compared it to my ole Xray then I was informed that my foot was indeed fractured it was then placed in a cast.... How do I go forward dealing with this


“Knowledge, like air, is vital to life. Like air, no one should be denied it."