What is a personal injury claim in Kenya? Let’s say you’re driving home after a long day at work, and suddenly, another car veers into your lane and you crash.
Perhaps you fall on a slick supermarket floor and injure your back. These instances can flip your life on its head and leave you with pain, a lot of medical bills, and stress.
If another person’s negligence led to your injury, you may have a case to recover damages via a personal injury lawsuit in Kenya.
This article takes you through how to deal with a personal injury claim in Kenya, how a personal injury lawyer can help and what you need. By the end, you’ll feel confident about your next steps, whether it’s a car accident, a workplace injury or even an assault.
What Is a Personal Injury Claim in Kenya?
A personal injury claim in Kenya is a legal procedure in which you claim to have been injured physically or psychologically due to the other party’s negligence or mistreatment.
These harms might be physical (as when someone suffers a broken leg) or psychological (as when someone is traumatised following an assault).
In Kenya, personal injury law is associated with the Law of Torts. It enables you to hold at-fault parties liable for costs such as medical bills or lost wages in addition to pain and suffering.
Whether it’s a car accident personal injury claim in Kenya, an on-the-job fall injury, or an injury due to your landlord’s negligence, the objective is to settle your claim so you can get back on your feet.
It can be daunting, but if you take the proper steps and get advice from personal injury claim solicitors, you can get through the process.
How to Handle a Personal Injury Claim in Kenya
Step 1: Seek Immediate Medical Attention
The first thing you need to do if you are injured is to seek medical help. Your health is essential; a doctor gives you the best chance to recover quickly.
Moreover, medical records are essential evidence of your personal injury claim in Kenya. They demonstrate the severity of your injuries and connect them with the accident.
For instance, in a car accident, you should go to a hospital or clinic even if you don’t think you’re injured.
It’s also possible that some injuries, such as whiplash or concussions, will not exhibit symptoms immediately.
Hang onto every medical receipt, report, and prescription, enabling your personal injury claim lawyers to create the most solid case.
Step 2: Report the Incident
Informing the proper authorities is critical to your personal injury claim in Kenya. If it’s a car accident, call the police right away.
You can report and have a police abstract done to have an essential document for your personal injury claim, or a car accident in your possession.
In the case of an accident at work, report what happened to your employer and ensure it’s written in the accident book.
For other instances, such as a slip and fall in a store or an assault, report to the appropriate authority, often the property manager or police.
Such reports help to create an official record in Nairobi and are vital in establishing your personal injury claim in Nairobi.
Step 3: Gather Evidence
Proof is the foundation of a Kenyan personal injury case. The more evidence you can produce, the better your case. It’s much harder to lie, cheat and steal when you have proof in your hand. Here’s what to collect:
Photographs
Photograph the scene of the accident, your injuries and any property damage. Personal injury auto accident, photograph the vehicles and street conditions for a personal injury claim.
Witness Statements
If the incident was witnessed, obtain the names and contact information of those who witnessed the incident. What they said can help you buttress your claim.
Police Report
A report filed by police (or workplace) or even the CCTV footage can be strong evidence.
Medical Records
Remember to retain all paperwork from your treatment, bills and doctor’s notes.
Keep all this evidence organised because your personal injury lawyers will use it to prove that the other party committed negligence.
Step 4: Consult Personal Injury Claim Lawyers
Dealing with a personal injury claim in Kenya by yourself can be difficult. Insurance companies and defendants may seek to limit payouts, and the legal process can be complicated.
Personal injury claim lawyers are here for that. They know Kenyan tort law and can walk you through it.
You want a lawyer experienced in personal injury claims in Kenya, with a good track record, who communicates well.
Many lawyers who handle personal injury claims work under a contingency fee, meaning they only get paid if you are successful.
And in your consultation, they will evaluate your case, explain your rights, and give you a rough idea of your compensation.
If, for instance, you have a personal injury claim against an employer due to unsafe working conditions, your lawyer will research whether the employer breached safety regulations. They will also negotiate, and if necessary, argue your case in court.
Step 5: File Your Personal Injury Claim in Kenya
After you have collected all the evidence and hired a lawyer, you now need to file your personal injury claim in Kenya.
Your attorney will draft the appropriate paperwork, including a specific demand letter detailing your injuries, the defendant’s negligence and the amount of money you are entitled to recover.
You send a letter to the responsible individual or their insurance carrier. In Kenya, you usually have three years from the date of the injury to claim for personal injury. It is known as the statute of limitations.
There are exceptions, such as claims against government entities, which might have a shorter deadline.
If it’s been over 2 years and you’re wondering about filing a personal injury claim, don’t waste much time, or you will risk losing your opportunity.
Step 6: Negotiate a Settlement
Most of Kenya’s personal injury claims are settled outside of a court through a negotiated settlement.
During your legal battle, your personal injury claim attorney will deal directly with the defendant’s insurance company to agree on a settlement.
This may take a few weeks to several months, depending on the complexity of your case.
For example, in a personal injury car accident case, an insurance company may want to save money and therefore presents a person injured in a car accident with a low settlement.
Your personal injury attorney will respond with proof, such as medical reports and witness testimony, to argue for a higher payout.
Don’t rush; settlements should account for every loss, including future medical bills and lost wages.
Step 7: Proceed to Court If Necessary
Your personal injury claim in Kenya might proceed to court if the negotiations do not bear fruit. Your attorney will file a complaint, and you are officially on the personal injury lawsuit timeline. This involves:
Issuing the claim: Your solicitor issues a claim form and a ‘particulars of claim’ to the court.
Defendant is served: The defendant must receive service of process.
Discovery: Parties share evidence and can take depositions.
Trial: The court considers evidence, hears witnesses and decides the case.
The duration of the personal injury lawsuit timeline in Kenya can vary from several months to a year or more, with the differences being mainly attributed to the court schedule and the case’s complexity.
However, many cases never make it that far; defendants also hate paying litigation costs.
How Long Does a Personal Injury Claim Take?
One common question is, “How long does it take to settle a personal injury claim in Kenya?” The response is not always the same for everyone because of:
Extent of Injuries: Severe injury cases, such as a personal injury claim at work with permanent disability, could require a longer time to evaluate and complete damage claims.
Negotiation Process: It takes a few months to settle when the defendant’s insurance company wants to play ball. Liability challenges may prolong the process.
Court Action: If your personal injury claim in Kenya goes to court, it may be a year or more.
In general, a car accident could settle under a simple personal injury claim in 3–6 months; however, challenging cases, including a personal injury claim against a government entity, can take longer because of strict protocol.
Personal Injury Claim After a Car Accident
Car accidents are one of Kenya’s most common causes of personal injury claims. You can file a car injury claim if the other driver was at fault, whether due to drunk or reckless driving. Key steps include:
- Reporting the incident to the police and obtaining a P3 form and police abstract.
- Getting medical care to have injuries documented.
- Gathering evidence, such as photos of the crash and witness accounts.
- Hiring personal injury claim lawyers to deal with the driver’s insurer.
- Compensation may include medical expenses, car repairs, lost wages and pain and suffering.
Personal Injury Claim in Kenya Against Employer
If you’re injured at work because of unsafe conditions, you can file a personal injury lawsuit against your employer.
For instance, they could be responsible if your employer did not give you appropriate safety equipment, causing you to fall.
Your workplace personal injury claim may allow for medical costs, lost wages and rehabilitation funds should you no longer be required to be on medical leave for an extended period.
Immediately report the incident to your employer and seek medical assistance, which is a duty of care under Kenyan labour laws.
Your personal injury claim lawyer will look at whether the employer violated their duty of care according to Kenyan labour laws.
Personal Injury Claim Against Landlord
Sliding down rotted stairs or catching toes in dangling wires in a renter’s digs? You could have a personal injury case against a landlord.
Landlords are required to keep their premises safe. You may be entitled to compensation if their carelessness led to your injury.
Take photographs to document the hazard and report it to the landlord. The fact that your landlord did not fix the problem will demonstrate causation on your personal injury claim in Kenya. Your attorney will use that to increase your chances of compensation.
Personal Injury Claim Against a Government Entity
Challenging a government in Kenya, the survivors are focused on suing the county that oversees the dangerous road, which is trickier.
You must inform the government within a more abbreviated span, frequently 30 days to a year. Your personal injury claim attorneys will ensure you comply with all pertinent deadlines and follow a strict protocol.
They sometimes take longer, simply because they have to work their way through the bureaucracy, but there is potential for recovery.
Assault Personal Injury Claim
If you have been injured because of an assault, you can pursue an assault personal injury claim in Kenya.
This extends to physical and mental injuries resulting from intentional harm. Go to the police. Report the assault to the police, if not immediately, then as soon after the attack as possible.
Get checked at the hospital. Go to the hospital to get checked and treated for any injuries, and start to store forensic evidence as soon as possible.
Your attorney will help you seek reimbursement for medical bills, therapy bills, and your pain and suffering.
Personal Injury Claim Amounts and Average Payout
What is the average payout for a personal injury claim in Kenya? The amount of personal injury claims can fluctuate depending on:
- Medical Expenses: This covers the hospital fees, surgeries and therapy.
- Loss of Earnings: Compensates for income lost because an injury has prevented you from working.
- Pain and Suffering: Compensation for both physical and mental pain.
- Disability: As far as permanent injuries are concerned.
There is no specific average payout for personal injury claims in Kenya since it depends on the nature and particulars of the case.
Lesser injuries, such as sprains, might generate less and catastrophic injuries, like spine damage, may result in bigger compensation.
Your personal injury claim solicitors will look at the Judicial College Guidelines to gauge what would be considered a reasonable award.
Why You Need Personal Injury Claim Lawyers
Handling a personal injury claim in Kenya without a lawyer can be dangerous. Personal injury claim attorneys offer experience and skill, and they will also take care of the paperwork and negotiate with insurance companies to ensure the best settlement for you.
They also serve as your advocate in court if your personal injury lawsuit timeline takes the case to trial.
For instance, in an injury lawsuit against a government entity, a lawyer ensures you adhere to strict filing requirements.
They demonstrate your employer’s negligence in a personal injury claim at work. They assist while you concentrate on healing, while they fight for your rights.
Final Thoughts
A personal injury claim in Kenya can be overwhelming, but moving forward correctly is possible.
From going to the doctor to calling personal injury claim lawyers, everything you do is a piece of evidence.
Whether you’re making a personal injury claim regarding car accidents, a personal injury claim against an employer, or an assault personal injury claim, you are entitled to receive damages for what you’ve lost.
Fear or confusion doesn’t need to slow you down. Contact an experienced attorney to begin your personal injury claim in Kenya. You can concentrate on healing with their assistance while they fight for the justice and compensation you deserve.
