Personal Injury
Personal Injury refers to harm or injury done by one party/person to another, either negligently or intentionally. Personal Injuries can be physical (like injuries to the body) or they can be psychological (such as injuries due to emotional distress or trauma).
Personal Injury is based on the legal concept of ‘negligence’ wherein a duty is owed by an individual/entity and that duty is breached which causes injury/damage/loss to another.
On suffering any injury due to a party’s negligence, the injured party should:-
- Seek Medical Attention immediately
- Capture as much information or evidence at the time of the injury (if you are unable to do so, seek the assistance of someone who can eg. Taking pictures after a car accident or a slip and fall).
- Document details of the accident (eg, Date, time, location)
- Engage an Attorney to assess your matter, gather evidence, interview witnessed and commence steps for compensation
The Courts in Jamaica strongly recommend that the parties attempt to resolve the matter by way of mediation. As such, mediation is mandated by the court rules before a trial may proceed.
Management of personal injury cases is very important for success. Therefore, the injured client may be required to ascertain proper medical reports and other relevant assessments to confirm diagnosis, prognosis and any future medical care or surgery which may be required. Rushing to settle a personal injury matter without proper assessment of your injuries is never a wise option.
