One of the first things that you may wonder after seeking medical attention for your personal injury is whether you have a legal claim. It is impossible to say with certainty whether you have a legal claim without knowing the specific details about your situation. However, in general, the civil law holds that an injured person (or their surviving family members) has a legal claim when another party intentionally or negligently causes them harm. Because every situation is fact specific, the best course of action is to visit an Attorney, share your story and obtain legal advice.

Generally speaking, according to the Limitation of Actions Act, Chapter 231 of the Laws of Barbados, you have three (3) years from the time of your injury to file a lawsuit in Barbados. There are certain exception to this rule that you should consult an Attorney on, if required. After three (3) years expires, you may be barred from taking legal action. As a result, it is in your best interests to contact an Attorney immediately after suffering any kind of personal injury.

The compensation you may be entitled to depends on the extent of your injuries, the evidence you have to support your claim and whether you contributed to the accident. There are several heads of damages that you may claim for including but not limited to general damages for pain, suffering and loss of amenities, domestic assistance, loss of earnings, handicap on the labor market, past and future expenses.

When a motor vehicle accident occurs you may be disoriented. In the aftermath of an accident it is important to do the following:

• Ensure the safety of persons on the scene. If anyone is injured, immediately call the police and ambulance for help. If anyone involved seems to be under the influence of drugs or alcohol, tell that to the police when you call for help.

• Contact your insurance company as quickly as possible.

• Ask Questions: Your insurance company will need full names, addresses and phone numbers of everyone involved, including drivers, passengers, pedestrians, and any witnesses.

• Make as many notes as you can about the accident itself. What time did the accident occur? What was the weather and lighting conditions like at the time of the accident? Were any of the involved vehicles damaged? Was any damage obviously present prior to the accident, such as non-functioning tail lights or brake lights?

• Get information about the other vehicles involved, such as license plate numbers, make, and model.

• Be sure to find out the insurance status of all vehicles and persons involved. If any drivers were not the registered owners, get the registered owner’s name, address, and phone number(s).

• Get the names and badge numbers of any police officers who respond to the scene.

• Protect Evidence: It is wise to take as many photos as possible of the accident site, the vehicles and people involved, and anything else that might have bearing on how and why the accident occurred. Pictures taken as soon as possible will be the most valuable. Don’t forget to take pictures of the damage done to all vehicles, license plates, evidence such as street signs or lights, skid marks, etc.

If you have been injured, you probably will be taken directly to a hospital emergency room. If you are not seriously injured, however, do not assume that you are uninjured. Many injuries from vehicle crashes, like whiplash, do not show up right away. If you do begin to suffer ill effects from the crash, notify your health professional immediately, get yourself checked out, and follow the doctor’s instructions as to care and follow-up.

Failure to get medical care might have serious consequences if you have latent injuries that only show up 24-48 hours later. Do not neglect symptoms that are unfamiliar, or pain that appears hours later. Report any symptoms to your doctor, however slight.

Make sure to give all information to your doctor including how the accident has affected you at home and at work.

Bring any and all medical documents that report on your injuries to be used as evidence. This will include diagnosis paperwork, discharge instructions, bills, receipts and anything else from where you received treatment. You should also bring a copy of any police reports. If there were witnesses to your accident, you will also want to provide their names and contact information. For auto accidents, bring your insurance information and any documents you received from either party’s insurance company.

If your injury required you to purchase any services such as taxi services or domestic services, or any items for e.g. medication, crutches, orthotic shoes or any other item bring the receipts for those as well. When obtaining receipts for taxi services you must have the registration number of the taxi.

The Attorney will want to get a general understanding of your case and your injuries, so explaining everything in as much detail as possible will be critical. You will be asked to go over each detail of how you were injured and the circumstances that led to the incident. They will also want to know of any medical treatment you received, the extent of your injuries and any health needs you will require in the future.

The Attorney will need to understand your medical and employment history as well as any lost wages that resulted from your injuries. The Attorney will need to know how the accident has affected you at work and at home.

After there is a general grasp of your situation, the Attorney will explain the laws as they relate to you and the steps that are necessary to fulfill the goals of your case. They will also go over the details on their specific fees and expenses.

You are required to give your Attorney all relevant information. Take to your Attorney all receipts and other information connected with the case. If you stop attending medical treatment, call and let your Attorney know. If you are unable to continue medical treatment because of insufficient funds or any other reason, call and let your Attorney know.