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In Nairobi, Kenya, the law concerning accidents and injuries is defined under the broad legal umbrella of personal injury law. It is designed to protect the rights of individuals who have sustained physical or psychological harm as a result of another party's negligence or intentional conduct. This category of law covers a wide spectrum of scenarios including road traffic accidents, workplace injuries, medical malpractices and slip and fall accidents among others.
While you can lodge a personal injury claim on your own, having a lawyer will enhance your chances of a successful claim. Lawyers can help you to fully understand your rights and the potential value of your claim. They can also navigate and deal with the legalities involved, negotiate with insurance companies on your behalf and advocate for you in court if necessary. In particular, you might need a lawyer if you've suffered serious injuries, the liability is unclear, insurance companies refuse to pay, or your claim involves a government entity.
Under Kenyan law, victims of accidents and injuries can claim compensation if they prove the occurrence was due to another's negligence. The Traffic Act, under section 50, provides for compensation for injuries sustained in an auto accident, while the Work Injury Benefits Act (WIBA) protects employees injured at work. The law allows for claims to be launched within three years from the date the accident occurred. However, this can be extended if the victim was incapacitated or the injury manifested itself after the three-year span.
The law allows for a case to be filed within three years from the date of the accident.
You can claim for medical expenses, loss of earnings, emotional distress, and loss of companionship among others.
While it's not mandatory, having a lawyer increases the chances of a successful claim, particularly if serious injuries or high costs are involved.
Claim resolution varies depending on the complexity of the case, but it could take anywhere from several months to a few years.
Yes, you can. Kenya operates under a system of comparative negligence, meaning you can still claim compensation if you were partly to blame for the accident, though your compensation may be reduced.
You may find further information from resources like the Law Society of Kenya (LSK), Kenya Law Reports and Legal Advice Centre. You can also get free initial advice from Kenya's Accident Compensation Helpline.
If you need legal assistance due to an accident or injury, you should contact a legal professional experienced in personal injury law. They can provide guidance on how to proceed with your case. Don't forget to collect and maintain all relevant documents and evidence relating to your accident and injury, as these could be crucial to your claim.
