A plethora of adverts on UK television promise no hassle,
'no win no fee', no risk, and legal representation to
recover damages for personal injuries. Apparently, all that is
needed is that the accident was not your fault and you could
recover thousands of pounds in damages at no risk or cost to
yourself. Is this true of Jersey?
What is a "duty of care"?
The law in relation to personal injuries and clinical negligence
claims is very similar (but not identical) to English law. You have
to establish that you were owed 'a duty of care' (an
obligation to ensure your well-being or safety – for example,
by your employer, by another driver, by a doctor etc.). That must
have been breached. That breach has to have been the cause of
damage to you. You have to bring your claim within a certain time
from the incident. In Jersey, this is three years for tortious
claims (e.g. those against another driver) and ten years for
contractual claims (e.g. those against your employer).
