Accidents will happen.

They can occur on the road, at work, in the supermarket, at a restaurant, or even in the home.

If such an accident causes you injury, and someone else caused it, you may be entitled to claim damages from that person, their insurance company, the landowner or occupier of the property where the accident took place, or even an employer or manufacturer. Damages are monetary compensation for your injuries and loss.

To succeed in a claim for damages, you must establish that your injuries and loss were caused by the negligence of another person.

If, for example, you are injured when another motorist pulls out in front of your vehicle, making a collision inevitable, you may be able to sue the other driver for damages.

Damages are normally divided into two categories: general and special.

General damages represent losses which cannot be precisely quantified such as pain and suffering, loss of amenity, loss of earning capacity and future expenses.

Special damages are losses which are quantifiable such as actual loss of earnings, incidental damage to property like clothing or motor vehicles, medical expenses, additional travelling expenses, and any items purchased as a consequence of injuries sustained in an accident e.g. crutches or an orthopaedic mattress and so on.

If you are in a motor vehicle accident, what should you do? Find out the other driver's name and address and, if possible, their insurance company. (Your lawyer will be able to find this out from the police if they attend the accident.) Be sure to keep receipts for all items you purchase as a direct consequence of the accident e.g. medication, taxi fares, additional clothing, or any equipment to aid recovery such as an orthopaedic mattress or crutches.

To be sure you are properly represented, get in touch with a lawyer to bring a claim on your behalf.

What will the lawyer do? First, he or she will obtain a copy of the police report on the accident and take statements from witnesses to the accident.

Once your lawyer's fact-finding is complete, they will be able to determine whether the other party's actions are likely to be considered negligent by the court.

They will also be able to assess the level of general damages you may receive based on the injuries sustained and the effect they have had. To assist in this exercise, they will arrange for a medical report to be prepared.

Your lawyer will also prepare a schedule of special damages detailing your losses to date and into the future, if appropriate.

They will then advise the other party's insurance company that you have a claim for damages against one of their policyholders and invite offers to settle.

If a negotiated settlement is not possible, they will commence court proceedings to secure an award of damages for you, making sure that the action is brought inside the six-year time limit for bringing such claims.

However, very few personal injury claims proceed to the court. Lawyers representing the two sides settle the majority of such claims.

Settlement usually includes an agreement that the negligent party meets reasonable legal costs. Accidents are not confined to the roads and can unfortunately occur in the workplace.

Your employer owes you a duty of care. If you are injured as a result of a breach of this duty you can bring a claim. Your employer should be insured against such eventualities.

Employers should constantly review the systems of work to ensure that the workplace is one in which both employees and visitors are safe.

An employer without adequate systems in place could find his insurance company waives cover when a claim is brought.

In such an instance, an injured employee could then direct his claim against the employer personally.

Tripping and slipping injuries are fairly common. If you have slipped and injured yourself in a public place because an employee has left a slippery substance on the floor you may have a claim. Remember that it is always necessary to establish negligence before a claim can succeed.

If your claim succeeds and you are awarded damages the court will normally order that the losing party meet your legal costs.

However, you should be aware that the costs ordered to be paid by the Court will not cover all of your legal fees. Consequently, you must meet a proportion of your lawyer's costs in bringing an action on your behalf, even if you are successful.

So, if you have the misfortune to be injured in an accident that was not your fault consider whether or not there is anyone to sue. If there is, or you are not sure, see a lawyer.

*** Attorney Rachel Cabot is a member of the Litigation Department at Appleby Spurling & Kempe. Copies of Ms. Cabot's columns can be obtained on the Appleby Spurling & Kempe website at www.ask.bm.

*** This column should not be used as a substitute for professional legal advice.

Before proceeding with any matters discussed here, persons are advised to consult with a lawyer.

LAWYERS LEG