Frequently Asked Questions

An experienced personal injury attorney will be able to definitively tell you whether or not you do, but generally, you must be able to prove three things:

  1. that another party was negligent;
  2. that their negligence caused your injury; and
  3. that the injury resulted in compensatory damages.

Depending on your specific circumstances, proving negligence and causation can be quite complex, so it is important to consult with an attorney before making any assumptions about your personal injury case.

Feel free to contact us to help you understand how your situation fits within these points.

Personal injury cases are civil cases. A personal injury lawsuit seeks to assign fault to another party and make that party pay money to the victim. It’s not like a criminal case, where the responsible party is convicted of a crime and goes to jail, although criminal and personal injury cases can overlap (for example, a drunk driver hits another vehicle and causes severe injuries; they will be tried criminally first, but they can also be tried civilly and financial damages can be paid out to the victims).

Many types of cases fall under the “personal injury” umbrella: motor vehicle accidents, public transportation accidents, slip and fall accidents, dog bite accidents, defective product accidents, and more.

Pursuant to the Limitation Law (1996 Revision) claims for personal injury commence on the date of the injury and have a 3 year limitation period to start legal proceedings. There are some exceptions to this rule, including accidents on an airplane or at sea.

It is important to see an attorney as soon as possible after you have been injured, as early advice is often useful and evidence can be located and preserved to support your case later.

There are two main types of compensation:

  • General Damages, which are to compensate you for your pain and suffering (both physical and psychological). This can vary depending on the nature of the injury, the effect on your life and the likely recovery time;
  • Special Damages, which compensate for your out-of-pocket expenses caused by the accident. Examples include loss of wages, medical, pharmacy and physiotherapy costs, travelling expenses and property damage. It also includes your future care needs and likely future loss of earnings.

It is important to consider whether you might be entitled to an interim payment of damages. The financial pressure after an accident can be considerable, especially if the injured party is out of work.

The law in the Cayman Islands provides for payment of a sum of money prior to full resolution of a case, in certain circumstances. Whenever possible, we seek to obtain an interim payment for our clients to assist with monetary difficulties.

Recover Personal Injury Attorneys strives to secure a settlement that properly reflects the seriousness of an injury. In certain circumstances settlement of proceedings may not be possible. Our attorneys have a wealth of experience in litigation and advocacy. If a case does not resolve, we are well placed to guide you through the process all the way to and including trial. The attorneys on our team are all highly experienced, and pride themselves on giving a professional and friendly service.
When your matter resolves either through settlement or at trial, our firm takes a portion of the settlement for fees and disbursements. Our attorneys will explain the retainer and fee arrangements clearly at the initial free consultation.

It is best to contact an attorney early to ensure that proper steps are taken and that deadlines are not missed. You do not have to retain an attorney right away, but it can be helpful for you to learn about your legal rights promptly.

When you are injured, it is difficult to focus on healing and deal with insurance companies and medical bills at the same time. You don’t know all of your options or what your case is truly worth. If your case is complex, or if there are large costs involved, or if you just want sound legal guidance, hiring a personal injury attorney is the way to go.

  1. Call the police.
  2. Seek medical attention. It is important for you to get a proper diagnosis of your injuries and receive medical treatment promptly. Your doctor will create a medical record of what happened and may find a health problem you may not have noticed.
  3. Report your accident. Make sure there is a police report or some record of the incident that includes details of what happened, when it happened, names and phone numbers of witnesses, etc. Keep photographs as evidence.
  4. Notify the insurance companies involved.
  5. As soon as you are able, contact Recover Personal Injury Attorneys to discuss your case.