Personal injury law in Nigeria is governed by both common law principles and statutory provisions. Personal injury refers to any injury or harm suffered by an individual as a result of the negligent or intentional actions of another person or entity. Examples of personal injury cases include car accidents, medical malpractice, workplace accidents, and assault.
Under Nigerian law, an injured person can seek compensation for their injuries by filing a personal injury claim. The process of filing a personal injury claim in Nigeria involves the following steps:
Establishing Liability: The injured person must prove that the person or entity they are suing was responsible for their injuries. This typically involves demonstrating that the defendant was negligent or acted intentionally in causing the injury.
Calculating Damages: The injured person must also provide evidence of the damages they have suffered as a result of the injury, such as medical bills, lost wages, and pain and suffering.
Filing a Claim in court: The injured person must file a claim at the appropriate court, usually the High Court or the Federal High Court.
Alternative Dispute Resolution: Parties are encouraged through the provisions of the Civil procedure rules to explore alternative means of settling their disputes thereby avoiding litigation or trial. When this option fails, the parties must then rely on the court to adjudicate on the matter at trial.
Trial: The case will proceed to trial, where evidence will be presented, and arguments will be made by both sides.
Judgment: If the court finds in favour of the injured person, a judgment will be given, specifying the amount of compensation owed. It is important to note that the time limits for filing a personal injury claim in Nigeria vary depending on the type of case and the jurisdiction. It is advisable to seek the advice of a legal professional to guide you through the process of filing a personal injury claim in Nigeria.