Unfortunately, there are instances where there is little you can do to avoid getting caught up in an accident. Whether as a pedestrian, passenger, driver, or rider, an injured person is entitled to compensation for injuries caused by road accidents. Dependants are also entitled to compensation in the event of a fatal accident.
Negligence and Liability
Not all injured persons are entitled to compensation. The right to claim depends on whether the other party was negligent. A party is negligent if they behaved in a thoughtless or reckless manner, failing in their duty of care.
Liability is directly proportional to the level of negligence. If responsibility is shared, the compensation may be adjusted accordingly.
Steps for Claiming Compensation
- Police Report: Immediately report the matter to the police to obtain an abstract.
- Medical Treatment: Seek immediate medical attention. The police will issue a P3 form for the medical officer to complete.
- Legal Guidance: Consult a personal injury law firm like Ombogo and Company Advocates to guide you through the compensation process.
- Negotiation or Litigation: With legal advice, you can either negotiate an out-of-court settlement or proceed with a court case for a final judgment.
What Courts Consider in Personal Injury Claims
Courts typically award two types of damages:
1. General Damages
These are not strictly ascertained and are subject to assessment by the court. They include:
- The severity and extent of injuries.
- Loss of Amenities: Lifestyle changes endured as a result of the injuries.
- Loss of Earnings: Salaries or wages lost due to the inability to work.
2. Special Damages
These must be strictly claimed and proven with evidence. You must produce:
- Receipts for all medical expenses.
- Expenses for transportation to medical facilities.
- Any other out-of-pocket costs directly related to the injury.
Please CONTACT us on +254 703 741276 or EMAIL us at legal@ombogo.co.ke for an experienced lawyer to represent you in your compensation process.
