Litigation: Personal Injury
We deal with the full range of personal injury claims, including road traffic accident claims; medical negligence; work place accident; tripping and slipping and falls; industrial diseases or injuries and whiplash injury claims
Contact us by email at personalinjury@mooredaisley.com to set up a consultation.
Our Attorneys can help you to claim compensation for road traffic injuries if the accident was caused by the fault of another motorist, person or party. You can claim compensation if you were injured as a driver, a passenger, a pedestrian or if you were riding a motorbike, a bicycle, a jet ski or a horse at the time of the accident. You can claim compensation if you were injured whilst travelling on public transport, i.e. a bus or a plane, a boat, a ship, a taxi or private car or whilst travelling overseas. In many road traffic accident cases where the injuries are not severe, our Road Traffic Accident Attorneys can fast track claims ensuring compensation is expedited. Road traffic accident claims involving severe and life threatening injuries are dealt with by our specialist Serious Injury AttorneysIn these cases interim payments of compensation can often be arranged but only after the other side has accepted liability for the accident. Whether you suffered a simple whiplash or a more serious road traffic accident injury, Moore Daisley can help. Call us at 246 629 1010 for a consultation. Uninsured Motorist Road Traffic Accident Claims If your road traffic accident injuries were caused by the negligent driving of an uninsured motorist, you might still be able to pursue a claim if the uninsured motorist owns property or has assets. Have you suffered a whiplash injury in a road traffic accident through no fault of your own? You may be able to claim compensation. Our expert Personal Injury Attorneys have helped hundreds of people claim compensation for whiplash injuries sustained in road traffic accidents. What is Whiplash? Whiplash is a non-medical term used to describe soft tissue injuries in and around the neck, shoulders and spine. Whiplash injuries are caused when the head suddenly snaps backwards, forwards or sideways and often happen after a sudden impact such as a road traffic accident. What are the Symptoms of a Whiplash Injury? Whiplash symptoms can include pain and stiffness in the neck, shoulders and sometimes down the arms. Some people also suffer headaches and find that turning or bending the neck can be difficult. Less common symptoms can include dizziness, blurred vision, nausea, muscle spasms and pain in the lower back. It can take around 6 – 12 hours for whiplash symptoms to develop. How Long Does a Whiplash Injury Last? Although whiplash symptoms can resolve themselves after a few days, some whiplash injuries can take several weeks or months to heal with neck pain and stiffness getting worse in the days immediately following the accident. Some people can suffer from chronic whiplash, which is when their whiplash symptoms last for six months or more. Can I Claim Whiplash Compensation? You can claim compensation for whiplash as long as you have been injured through no fault of your own and can obtain medical evidence to prove your injury. Our Whiplash Injury Attorneys can advise you upon whether you have a case based on your own individual circumstances. How long does the Whiplash Compensation Claim Process Take? This depends on the circumstances of your case as each whiplash claim is different. A consultation with a Moore Daisley Attorney is the best starting point to get an idea of how long your claim is likely to take. How Much Whiplash Compensation Can I Get? The average payout for whiplash compensation varies from claim to claim. It’s hard to give an average whiplash payout amount as each case is unique. The amount of compensation you will receive depends on the specific nature of your whiplash injury and the effect it has had on your daily life. We will ensure you achieve the maximum compensation available to you. We recommend you arrange a consultation with a Moore Daisley whiplash Attorney who will be able to give you an idea of how much compensation you are likely to receive. How Can Moore Daisley Help With Your Whiplash Compensation Claim? Our Whiplash Attorneys have had over 25 years of experience helping hundreds of people claim compensation for both minor and major whiplash injuries with compensation ranging from about $5,000 to over $2 million. We have years of experience in dealing with whiplash claims and can guide you through each stage of the process. When people need medical advice or treatment, they place a huge amount of trust in doctors and other medical staff. However, medical professionals can make mistakes, with serious consequences. If you have suffered as a result of poor medical care, it can be difficult to know where to turn. Moore Daisley has experienced and specialist medical negligence Attorneys who know the type of challenges you face. Give us a call on 246 629 1010 to discuss your claim. Our experienced team have managed numerous complex claims of people in similar situations and can give you the support and legal advice that you need. Accident & Emergency Department When we visit the Accident and Emergency Department, it is because we need urgent medical help. In most cases, the staff in the Accident and Emergency Department offer an excellent service that saves lives and helps people to get back on their feet as quickly as possible, or makes them well enough to go on to receive further treatment elsewhere. However, sometimes, things do go wrong. Doctors and other medical staff can and do make mistakes, sometimes with serious consequences for the health of those in their care. The Accident and Emergency Department is busy and doctors and nurses are under ever-increasing pressure, with limited resources and the need to keep waiting times down, however, that does not mean that you should not expect a high standard of care. If you don’t receive that standard of care, and you suffer an illness or injury as a result, you can claim compensation for medical negligence. We can support you in making a complaint about your treatment, as well as take your claim for compensation through the courts if necessary. Moore Daisley treats all clients with the utmost respect and sensitivity when discussing possible claims for compensation. We will explain everything to you in clear and simple terms. Our specialist Attorneys will take a real interest in finding out exactly what happened to you and why. If we can prove that your suffering has been caused by medical negligence, we will work to help you recover the compensation you are entitled to. If the mistakes made in Accident and Emergency mean you need further urgent medical treatment, in certain circumstances we can try to get you an early payment of some of your compensation so that you can access the best private medical treatment. Early payments could also help you pay your bills if you have been left unable to work. If you or a loved one has suffered as a result of mistakes made in the Accident and Emergency Department, contact Moore Daisley on 246 629 1010 for advice. You can claim compensation for a work accident injury whether you were working as a full time or part time employee, a temporary worker, a self-em ployed contractor or if you were just visiting a business at the time of the accident. Employers should have valid Employers Liability insurance cover to protect people from workplace accidents. In most work place accident claims the compensation is paid by the Employers’ Liability insurance company, and not the employer. How to Claim Work Place Accident Compensation First we need to know some important details about your accident at work, such as where and how the accident happened; and about your personal injuries. If you received any medical treatment or there were any witnesses to the accident, particularly work colleagues, we’ll ask for these details along with copies of any photographs or videos that were taken relating to the accident. An Attorney from Moore Daisley specialising in work place accident claims will review your case based on the details you provide and can assess how successful your claim is likely to be. If you require medical treatments and/or rehabilitation support after a work place accident it is vital to contact us immediately so that we can assist with your rehabilitation as soon as possible. Employers have a duty of care to protect people from work place accidents and illnesses. If you or a loved one has suffered injury due to an accident at work, call us for a consultation and we’ll be happy to help you. Moore Daisley has specialist Attorneys dealing with industrial work accidents, industrial diseases, Health and Safety related work accidents, and work related health conditions such as sick building syndrome. Building & Construction Site Accident Compensation Claims Have you suffered an injury on a building site or been injured whilst working in construction? Anyone that works in construction knows that building sites are one of the most dangerous places to work; and that accidents do happen. In fact, several construction workers are injured on building sites in Barbados every year. The first step in claiming compensation for a building or construction site accident is to contact Moore Daisley and provide the details of what happened, where the accident took place; and details about your personal injuries. Our specialist Personal Injury Attorneys will evaluate your claim on its merits with the information you provide, and determine how successful your injury claim is likely to be. All of our Work Accident Attorneys are committed to getting you the compensation and rehabilitative support that you need. Common Construction & Building Site Accidents Many construction workers are injured as a result of (but not limited to) the following:
- defective scaffolding
- falls from ladders
- safety harnesses failure
- holes not fenced off or supported
- roofs not fenced off
- hit by forklift/dumper truck
- chemical spillage
- tool malfunctions
- poor layout of site
- insufficient or no safety briefings and Training
- inadequate safety equipment
Health & Safety at Work Claims Our Personal Injury Attorneys offer a consultation for people injured in accidents at work. If you were injured due to an employer breaching Health & Safety Regulations, call us at 246 629 1010. The Attorneys-at-Law of Moore Daisley have successfully represented many people whose injuries at work were caused by their employer contravening Health & Safety regulations; by providing sub-standard machinery and equipment or insufficient training. A Health & Safety claim must be made within three years of the accident so it is worth speaking to an Attorney at Moore Daisley soon after you have received your injuries to ensure you are in time and the details of your accident are still fresh in your mind. If you want to claim compensation for a Health & Safety related accident at work, there are several steps we suggest you take after your accident. Take a look at the checklist below:
Health & Safety at Work Claim Checklist
- Make sure your injury is recorded in the ‘accident book’ at work and, if appropriate, report it to the Barbados Labour Office.
- Speak to your Union Representative if you have one or contact Moore Daisley on 246 629 1010 directly.
- Speak to your Health & Safety Representative about the matter so steps can be put in place to make sure the same type of accident does not happen to anyone else.
- Check your employment contract so you are aware of what sickness or accident pay you may be entitled to whilst you are unable to work.
Health & Safety Claims – Employers Liability
There are a number of areas that an employers’ Health & Safety policy must cover – these include equipment, training and supervision. Health & Safety Claims – Public Liability Public Liability is where a company has a duty of care to all visitors to their premises (including members of the public or employees from visiting companies) to ensure they are not at risk of injury whilst visiting them. If you have had an accident and suffered an injury whilst on company premises you might have a personal injury claim, if it can be proved that there were insufficient health and safety provisions made. How to Claim Work Accident Compensation First we need to know some important details about your accident at work, such as where and how the accident happened; and about your personal injuries. If you received any medical treatment or there were any witnesses to the accident, particularly work colleagues, we’ll ask for these details along with any photos that were taken relating to the accident. An Attorney at Moore Daisley specialising in accident at work claims will review your case based on the details you provide and can assess how successful your work accident claim is likely to be. If you require medical treatments and/or rehabilitation support after a work accident it’s vital to contact us immediately so we can assist with your rehabilitation as soon as possible. The most common causes of slip, trip or fall accidents are spillages which leave the floor slippery, badly maintained roads or paths which cause raised sections of ground or potholes. Trips, slips and falls at work are also a frequent occurrence when walkways are obstructed or carpets or rugs are not fitted properly. If you suffer a slip, trip or fall due to someone else’s negligence, then you may be entitled to make a personal injury compensation claim. In what circumstances can I claim compensation after a Slip, Trip or Fall? If you slip on a pool of water inside a building open to the public such as a bank, supermarket or restaurant and injure yourself, then a personal injury compensation claim could be made against the occupier (owner). If your accident happened on Government owned property such as the Bus Terminal or a sidewalk or highway then you may be able to make a personal injury compensation claim against the Government where the accident was due to their negligence. For example, you may be able to make a personal injury compensation claim if you tripped and injured yourself on a badly maintained sidewalk; however, you would not be able to make a personal injury compensation claim against the Government if you tripped on an item left lying around by a member of the public unless you could show that the Government was in some way at fault. If your accident was on private property such as in a house or on a piece of land privately owned by an individual, you would be able to make a personal injury compensation claim providing the accident was the fault of the land owner or occupier and they had suitable insurance in force or the means to pay you personally. If you tripped on a cable trailing along the floor in your office at work and injured yourself, you can make make a personal injury compensation claim against your employer. Call Moore Daisley on 246 629 1010 to discuss your claim. What should I do if I have had a Slip, Trip or Fall? To make a successful personal injury compensation claim after a slip, trip or fall, you would need to prove that another person was responsible for your personal injury (i.e. the owner of the property where your accident happened or some other person who was at fault). To help your case, you should report the slip, trip or fall accident to the staff or owner at the time, and ask for a note of your accident to be made in the accident report book, take names and addresses of any witnesses to the accident and if possible take photographs of the area where the accident happened. In cases involving badly maintained sidewalks, it would be advisable to put a ruler beside the defect before you take the photograph to give an idea of depth/height. If you are intending to claim expenses such as prescription costs and travelling expenses etc. as part of your slip, trip or fall compensation claim, remember to keep the receipts of all expenses incurred as evidence. How to start a Trip, Slip or Fall Compensation Claim There are strict time limits in place to make any injury claim including claims for slips, trips and falls. If you or someone you know has suffered a personal injury as a result of a slip, trip or fall, contact us on 246 629 1010 or personalinjury@mooredaisley.com Moore Daisley Attorneys are experienced in all personal injury matters and will be able to advise you whether or not you have a valid claim for compensation. Our specialist personal injury Attorneys will be happy to walk you through the process of making a claim, and will answer any questions or queries you have. Telephone us now on 246 629 1010. Time limit for bringing Personal Injury claims Normally a claim has to be brought within 3 years of the injury, but with children, the 3 years only starts to run when they reach 18. Different time limits apply in respect of accidents involving children and the Government. Even if the injury occurred more than 3 years ago, you may still be able to claim. It is always worth seeking legal advice no matter what the circumstances of your injury. What we will do for you We start by taking your instructions and advising you generally. Then we prepare a detailed statement on your behalf which you sign to verify its accuracy. A letter of claim is then sent to your opponent, or their insurers, in an attempt to determine liability. In preparing your case we will obtain medical and other reports as required, investigate the merits of your case and assess what it is likely to be worth. If your case cannot be settled amicably with your opponent, we will issue court proceeding on your behalf. Your case will then progress to trial. Settlement may be possible at any stage prior to the trial. How long will my case take? This depends on your injuries, their seriousness and the receipt of medical and other reports. Generally speaking, more serious cases take longer to conclude however, we work hard in every situation to ensure that cases are concluded as soon as possible (subject to circumstances outside our control). We aim to conclude the vast majority of personal injury cases within 12 to 24 months.