How to know when to sue for compensation in personal injury cases

BY MICHAEL ODUNLAMI

Every year in Nigeria, thousands of people are injured because of the negligence or carelessness of others; they endure pain, suffering, lose money/income, or suffer reputational harm and wonder if they should “take their grievance to court or simply accept fate and move on”.

Well, the reality is that not every wrong automatically gives rise to a viable legal claim that may lead to receiving compensation, as there are many hurdles to cross. Litigation in Nigeria can be very costly, stressful, and time-consuming, and even a successful claimant may not recover all their costs in some instances. So, after an injury, knowing what the courts look for can help you decide early whether you have a case worth pursuing, saving you time and expense.

IDENTIFYING LEGAL WRONG

The first question you should be asking yourself is whether the facts in your case fit into a recognised legal wrong that is known to the Nigerian law.

The courts do not award compensation simply because someone feels wronged or injured. There must be a cause of action, such as negligence, breach of contract, trespass, defamation, or other claims. In the case of negligence, for example, a victim must show the court that the other party owed them a duty of care, that the duty was breached, and that they have suffered harm or loss as a result. Without this foundation, the claim is likely to fail no matter how upsetting the incident feels or the magnitude of the injury. This is why hiring an experienced personal injury lawyer is key to a successful claim.

THE IMPORTANCE OF EVIDENCE IN PERSONAL INJURY CASES

Evidence underpins every successful claim in personal injury cases. The judges decide cases on evidence and proof, not assumptions, sympathy, or sentiments. A claimant who fails to produce documents or witnesses may be unsuccessful in their claim because the court will have little to rely on beyond their own account of events. So, for this and other reasons, it is wise to collect and store relevant evidence as soon as practicable following an incident.

PROVING LOSS OR DAMAGE

The aim of civil law, particularly personal injury claims, is to restore a victim to the position they would have been in if the wrong had not occurred; it is not a reward, as it appears to be. What this means is that a claimant must show actual and measurable loss, harm, or injury. This can be proven by showing evidence of medical expenses, loss of earnings, and pain and suffering.

STAYING WITHIN LIMITS

Just like in other countries, Nigeria imposes time limits on bringing claims to court. For example, in England and Wales, just like in Nigeria, the limitation period for bringing personal injury claims is three years from the date of injury and six years for many contract claims. Although the rules are different for minors and for claims relating to latent damage, which is one that is hidden or concealed and not reasonably discoverable through ordinary inspection at the time of the event, the general principle remains that a delay is fatal to every claim. Missing a limitation deadline usually bars a victim from suing a wrongdoer regardless of the merits of the case.

WEIGHING COSTS AND RISKS

In Nigeria, litigation is very expensive and time-consuming. Legal fees, court fees, and expert report fees can be overwhelming. Even after being victorious in a case, you may not recover all your losses after deducting all incidental costs, particularly in small claims or where the court excludes certain expenses in its decision.

However, there are several funding options available to a claimant in personal injury cases, but the most convenient ones appear to be insurance and conditional fee, popularly called “no win, no fee”, which allows a claimant to pay legal fees to their lawyers only if their case is successful.

CONSIDERING ALTERNATIVES TO COURT

It is always prudent to explore out-of-court settlement; courts should be considered the last option because of the disadvantages. The fact is that many disputes can be resolved through direct negotiation or mediation, or other forms of alternative dispute resolution. These methods are usually faster and cheaper than approaching the court, and judges increasingly encourage parties to try them before commencing a court action.

SEEKING EARLY LEGAL ADVICE

As stated earlier, time is of the essence in litigation generally, so a short consultation with an experienced personal injury lawyer to determine the timing and strength of your case is vital. They can also advise on funding, settlement options, and the steps to protect your position.

Remember! Note that before taking legal action against anyone who has wronged you, it is prudent to consider these questions: has the person caused you harm or injury? Did you suffer any measurable loss because of it? And are you still within the time limit? If the answer to all three is “yes”, you may have a viable case worth pursuing.

Odunlami is a Lagos-based personal injury lawyer at Claybrook Attorneys. He can be contacted via [email protected].