When a person gets injured as a result of an accident, it can be considered a personal injury. Personal injuries are not limited to physical harm as they also include psychological harm. If you have suffered injury as the victim of an accident caused by another party’s fault, you may claim compensation by initiating a legal action for personal injury. Nevertheless, litigation is usually the last resort and most personal injury cases are dealt with by mediation or negotiation.
When can I make a claim for personal injury?
There are certain “causes of action” of the personal injury that you have suffered against which you can claim compensation for:
- Breach of a contractual duty
- Breach of a statutory duty
- Negligence
- Nuisance
- Trespass on a person (e.g. physical attack)
- Someone who has injured you deliberately
However, you cannot sue someone else for compensation if there is no such “cause of action” or if the accident did not involve that person’s negligence or fault. You might also lose your right to sue if you do not commence the personal injury proceedings within three years from the date of the accident. This limitation is stipulated by section 27 of the Limitation Ordinance (Cap. 347).
How do I make a claim for personal injury?
It is best to consult solicitors in all cases because they are experienced in handling personal injury claims. They will also be able to advise you on whether there are reasonable grounds for your intended claim and help you organise your evidence for presenting it to the other party and their insurers. It is important that once an accident has occurred, you keep as many records related to the accident as possible. The strength of your case may be affected if these records are incomplete or are not properly kept.
Where you commence your legal action would depend on how much compensation you wish to claim:
- If the claim is $75,000 or below, you should commence your claim in the Small Claims Tribunal.
- If the claim is higher than $75,000 but not more than $3 million, you should commence your action in the District Court.
- If the claim is $3 million or above, you should start your action in the Court of First Instance of the High Court.
Personal injury litigation is the same as any other form of litigation. Both parties would present their case in front of a judge by adducing evidence and presenting their arguments. The judge would then consider the evidence and arguments and make a decision. Generally, the losing party would be ordered by the judge to pay the legal costs to the winning party, which may include the costs that the winning party has spent on hiring lawyers and preparing and hearing the case. These costs can be substantial as they depend on the length of the case, the amount of preparation work required and the complexity of the case. For more details on personal injury proceedings, you may visit https://www.hklii.hk/eng/hk/other/pd/PD18.1.html.
Key takeaways
- If you have suffered injury as the victim of an accident caused by another party’s fault, you may claim compensation by initiating a legal action for personal injury.
- It is best to consult solicitors in all cases because they are experienced in handling personal injury claims.
- Once an accident has occurred, you should keep as many records related to the accident as possible to ensure that your case is strong enough.
- The appropriate court in which you commence your legal action would depend on how much compensation you wish to claim.