Personal Injuries

Overview

What would you do if you or someone you care about has been injured in an accident?

If the accident occurred at work or the injuries is work-related, you will probably need a lawyer to help you or the victim apply for compensation under the Employees' Compensation Ordinance. An important feature of the Employees' Compensation is that the victim will be compensated no matter who is at fault. If the accident is due to the fault of the employer or another person, then the victim may also make a personal injuries claim.

A personal injuries claim is a claim for monetary compensation to be paid by the party/parties who is/are responsible for the injuries. You would want to find out who is at fault and whether compensation will be available at the earliest opportunity.

In the context of a personal injuries claim, compensation (or damages) will be available to deserving plaintiffs who are injured as a result of the fault of another person. In truth, it is not always easy to decide who is at fault. Sometimes, the injuries are caused by a number of people or even, in part by the injured person. A lawyer experienced in personal injuries claims can assist you in determining whether or not you are likely to have a justifiable claim.

The purpose of the claim is to obtain compensation for the victim, not to punish the wrongdoer. Compensation, within conventional limits, is intended to put the injured victim in the same position he would have been had the accident not occurred. Therefore, a claim for damages is a way of seeking compensation for a person who has been injured. The general categories of damages that we can help victims recover in a personal injuries case are:

a) Where the victim is injured:

• Pain, Suffering and Loss of Amenities (PSLA)
• Loss of Earnings (past and future projected loss of earnings)
• Handicap in the labour market (loss of earning capacity)
• Expenses
• Interest

b) Where the victim's injuries are fatal:

• If the deceased had survived for any length of time after the accident, then it is possible to claim PSLA, loss of earnings and expenses
• Bereavement
• Dependency
• Loss of Accumulation of Wealth
• Expenses
• Interest

We can help you assess the merits of any personal injuries claim and advise you on the quantum of damages to be claimed.

If you cannot afford to pay a legal fee, we can help you with an application for Legal Aid. For more information about Legal Aid, please refer to the web site of the Hong Kong Legal Aid Department located at http://www.inf.gov.hk/lad/.

If you believe that you or someone you care about has a personal injuries or employees' compensation claim, then you should not hesitate to contact a lawyer. All personal injuries claims must be filed within a time limit, which is normally 3 years from the date of accident/injury in a general case and 2 years for an employees' compensation case or if the accident occurred on board a ship or an airplane.

For further information, please contact:

• Mr. Junius K. Y. Ho
• Mr. Harrison W. F. Ho
• Ms. Angela K. W. Wong
• Ms. Betty M. S. Lo