Catastrophic injury claims in Jersey cover long-term injuries such as brain trauma, spinal paralysis, or limb loss.
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The three-year time limit
Most injury claims in Jersey have to be started within three years. Article 2 of the Law Reform (Miscellaneous Provisions) (Jersey) Law 1960 sets the prescription period for claims in tort at 3 years from the date the cause of action accrued. It does not apply where another enactment sets its own period.
The same Article keeps any rule of law that allows the period to be extended. In Jersey that includes empêchement d'agir, which the jerseylaw.je glossary describes as a party being legally or practically prevented from bringing an action within the prescription period. Whether it applies depends on the facts. Do not rely on it to rescue a late claim, and take advice well before the three years are up.
How future losses are valued
Since 3 May 2019, Jersey courts have valued future losses in injury claims under the Damages (Jersey) Law 2019. This matters most in catastrophic cases, where care, lost earnings and equipment can run for decades.
The discount rate
A lump sum for future loss is reduced to allow for the return it can earn once invested. Article 2 fixes that "discount rate" in Jersey at:
- 0.5% where the future loss is expected to last no more than 20 years
- 1.8% where it is expected to last more than 20 years
The rate is judged when the first court order in the action is made. A lower rate produces a higher award. The Chief Minister can change the rate by Order after consulting the Bailiff, but the Law prevents it from going below 0%. Check the current rate on the Law's jerseylaw.je page before relying on these figures.
Periodical payments
Under Article 4, a court can order that damages for future loss be paid wholly or partly as regular payments rather than one lump sum. It can only do so if continuity of payment is "reasonably secure". The Law treats payments as secure when they are enforceable against a Minister, protected by a qualifying compensation scheme, or guaranteed by the Minister for Treasury and Resources.
Two further points matter for families planning long-term care:
- The right to receive the payments cannot be assigned or charged without the court's approval.
- Either side can apply to vary the order if there has been a material change of circumstances since it was made.
When the injured person cannot manage their own affairs
A serious brain injury can leave someone unable to run their own claim or manage a settlement. Jersey deals with this under the Capacity and Self-Determination (Jersey) Law 2016, not under English Court of Protection rules.
Where the person did not make a lasting power of attorney before the injury, the Royal Court can appoint a delegate to make decisions for them, including about their property and affairs. The Royal Court Rules 2004 include a separate Part (14A) on applications under that Law. Some decisions stay with the Court rather than the delegate. For example, the Royal Court's Practice Direction RC22/04 confirms that only the Court can authorise a will to be executed for someone who lacks capacity.
How the claim is pleaded
Jersey procedure has its own rules on how damages are claimed. Rule 6/3 of the Royal Court Rules 2004 says:
- special damages must be specifically claimed
- general damages must be pleaded, but the amount is not stated
In practice, keep receipts, invoices and records of lost pay from the start. A catastrophic claim can take years, and rebuilding the special damages afterwards is slow.
The 1960 Law also covers two problems that often arise in serious accidents. Article 3 deals with claims against more than one wrongdoer and contribution between them. Article 4 deals with apportioning liability where the injured person is partly at fault.
Questions to put to an advocate
- When did the cause of action accrue, and when does the three-year period end?
- Is the defendant insured, and who would fund periodical payments?
- Is a delegate needed now, or does the injured person have capacity for this decision?
- Which losses can be proved now, and which need expert evidence on future care?
- Is contributory fault likely to be argued?
solicitors.je is an independent directory. We can point you towards Jersey firms that work in this area.
Catastrophic Injury Claims Asked Questions
How are medical assessments handled given Jersey’s unique geographical jurisdiction?
Assessments in catastrophic injury claims can involve UK-based medical consultants and independent rehabilitation experts. These specialists travel to the Channel Islands or conduct assessments accepted by the Royal Court of Jersey. Long-term care costs are calculated by recognised authorities.
How is a Jersey injury claim classified as catastrophic?
Catastrophic claims involve long-term injuries such as brain trauma, spinal paralysis, or limb loss.
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