Enforcing Personal Injury Judgments

Anyone who has been injured through no fault of their own will be relieved to finally win a compensation award. But how can they recover their personal injury compensation if the other side delays or resists payment? The award-winning firm ParrisWhittaker in the Bahamas and the wider region have successfully secured and enforced personal injury awards for clients for many years.

We work hard on behalf of clients to secure the maximum compensation they deserve for their injuries.  It can take many months to investigate what happened, arrange for the expert medical assessments and reports and build a strong case – while also supporting clients and their families as they rebuild their lives.

When a compensation settlement is agreed, we then take steps to arrange for the money to be paid to you as soon as possible. We protect our client’s position by obtaining a ‘Tomlin order’ sealed by the court which enables claimants to resume their injury claim if the defendant fails to pay up. This is because a Tomlin order provides greater safeguards than a normal Consent order.

If the case has gone to trial and the judge has awarded our client compensation, we expect it to be paid within the terms set out in the court order.

But occasionally, a defendant may refuse to pay the compensation due (or is unable to do so) and enforcement action will become necessary.  For instance, the defendant’s insurance company may be failing or an employer had no liability insurance and is refusing to pay.

Enforcement of judgment

The law provides various routes by which we can seek to enforce a judgment for personal injury compensation. For example, in the case of unpaid awards in the Bahamas we can seek:

• A warrant of execution – for the seizure of the defendant’s assets
• A charging order – giving security over the defendant’s property
• A writ of sequestration – to enforce the judgment or court order. This enables the defendant’s property to be seized and retained pending payment of your personal injury compensation

What if it is a foreign judgment?

If you need assistance to enforce a personal injury compensation judgment obtained in another country, we may be able to assist. Under the Reciprocal Enforcement of Judgments Act 1924, we can take enforcement action if the judgment is from the courts in the United Kingdom, Barbados, Bermuda, Jamaica, Leeward Islands, St. Lucia, Trinidad, British Guiana, British Honduras and Australia.

Action under the 1924 Act must usually be taken within 12 months of the date of the foreign judgment, so you must act quickly.

For judgments secured in other countries not listed, we would first need to start new proceedings here on your behalf.  Given the amount of time already passed since the incident occurred, it is important to contact us quickly to avoid further delays.

How can we help?

We know that recovering your personal injury compensation is a vital step in helping you recover and move on with your life.

For expert representation for your personal injury claim, right through to recovering compensation from the other side, contact the experienced personal injury litigation solicitors at ParrisWhittaker in TCI as early as possible. You can contact us at  +1.242.352.6112 or info@parriswhittaker.com