If you've been in a car accident, you need a car accident lawyer. Our car accident lawyers will advise you on your rights and can help you make your car accident claim. You may make a preliminary assessment on your car accident here.
Question 1: Were you involved in a car accident?
In order for us to file a successful car accident claim on your behalf, you must have been involved in and injured by a car accident. You may have been the driver, a passenger, a pedestrian, a cyclist, or another person injured by the negligence of someone driving a car or other motor vehicle.
Question 2: Were you injured in a car accident?
It is important that you were injured in the accident. If you were uninjured or just had some bruises, your lawsuit may belong to a small claim at the Small Claims Tribunal. Lawyers are not entitled to represent you in a small claim.
However, if you sustained serious injuries because of the accident and you required hospitalization and/ or ongoing medical care, or if you've become permanently disabled due to the accident, you may have a valid legal claim against the driver and owner of the vehicle.
Question 3: Was the car accident the result of the driver's negligence?
Failure to use reasonable care while driving a motor vehicle amounts negligence. Determining who was at fault in a motor vehicle accident means figuring out who was negligent, and thus responsible for causing the accident. Negligence is often indicated by disobeying traffic signs or signals, failure to signal when turning, failure to follow the speed limit, or driving under the influence of drugs and/or alcohol. If your injuries are the result of a driver's negligence, you are more likely to have a solid claim.
Common Examples of Driver's Negligence
‧Cutting in front
‧Failing to watch blind spots
‧Inattentive drivers
‧Playing squeeze drive
‧Aggressive drivers
‧Drink and drive
Frequently Asked Questions (FAQ) on Personal Injury Claims
General Information
Q: What is a personal injury claim?
A: A personal injury claim is a legal process through which an individual seeks compensation for injuries sustained due to the negligence or wrongful actions of another party. This can include physical, emotional, and financial damages.
Q: Who can file a personal injury claim?
A: Any individual who has suffered an injury due to the negligence or wrongful actions of another person or entity can file a personal injury claim. This includes workplace accidents, traffic accidents, medical malpractice, and other incidents causing harm.
Examples of Serious Injuries
Q: What are some examples of serious injuries that can lead to a personal injury claim?
A: Serious injuries that can lead to a personal injury claim include:
- Brain Injury and Brain Damage
- Broken Bone Injuries
- Fractured Bone Injuries
- Head and Skull Injuries
- Herniated Disc / Orthopedic Injuries
- Paralysis Injuries
- Spinal Cord and Lumbar Injuries
- Other serious injuries
Process of Filing a Claim
Q: How do I file a personal injury claim in Hong Kong?
A: To file a personal injury claim, you should first seek medical attention for your injuries. Then, gather evidence such as medical reports, accident reports, and witness statements. Contact a personal injury lawyer to help you file the claim and navigate the legal process.
Q: What is the timeframe for filing a personal injury claim?
A: In Hong Kong, the limitation period for filing a personal injury claim is generally three years from the date of the injury or the date when the injury was discovered. It is advisable to seek legal advice as soon as possible to ensure compliance with this timeframe.
Compensation and Damages
Q: What types of compensation can I claim for personal injuries?
A: You can claim compensation for various types of damages, including:
- Medical expenses
- Lost wages and loss of earning capacity
- Pain and suffering
- Rehabilitation and therapy costs
- Property damage
Q: How is the amount of compensation determined?
A: The amount of compensation is determined based on the severity of the injury, the impact on your life, medical expenses, lost income, and other related costs. A personal injury lawyer can help you evaluate your case and estimate the potential compensation.
Legal Representation
Q: Do I need a lawyer to file a personal injury claim?
A: While it is not legally required to have a lawyer, it is highly recommended to seek legal representation. A personal injury lawyer can help you understand your rights, gather evidence, negotiate with insurance companies, and represent you in court if necessary.
Q: How do I choose the right personal injury lawyer?
A: When choosing a personal injury lawyer, consider their experience, track record, and specialization in personal injury cases. It is also important to feel comfortable and confident in their ability to handle your case effectively.
Settlement and Court Proceedings
Q: What is the difference between a settlement and a court judgment?
A: A settlement is an agreement reached between the injured party and the defendant (or their insurance company) without going to trial. A court judgment is a decision made by a judge or jury after a trial. Settlements are often faster and less stressful, while court judgments can result in higher compensation but involve more time and effort.
Q: What should I do if the insurance company offers me a settlement?
A: If an insurance company offers you a settlement, it is important to consult with a personal injury lawyer before accepting it. Your lawyer can evaluate whether the offer is fair and negotiate on your behalf to ensure you receive adequate compensation for your injuries.
For more detailed information or assistance with personal injury claims in Hong Kong, please contact our legal team. We are here to help you navigate the complexities of personal injury law and ensure you receive the compensation you deserve.
Scenario: Traffic Accident Leading to Personal Injury Claim
Background
John, a 45-year-old office worker, was crossing the street at a pedestrian crossing when he was hit by a car driven by Mr. Chan. The accident caused John serious head and skull injuries, requiring immediate medical attention and long-term treatment.
Types of Damages and Hypothetical Compensation Figures
Medical Expenses
John was rushed to the hospital where he underwent emergency surgery to address his head and skull injuries. He stayed in the hospital for two weeks and required multiple follow-up appointments and treatments, including medication and diagnostic tests.
Hypothetical Medical Expenses: HK$500,000
Lost Wages and Loss of Earning Capacity
Due to the severity of his injuries, John was unable to return to work for six months. Additionally, the injuries resulted in a permanent reduction in his cognitive abilities, impacting his ability to perform his previous job duties effectively. This led to a significant reduction in his future earning capacity.
Hypothetical Lost Wages: HK$180,000 (six months of lost wages) Hypothetical Loss of Earning Capacity: HK$1,200,000 (estimated future income loss over ten years)
Pain and Suffering
John experienced severe physical pain and emotional distress due to the accident and his injuries. The pain and suffering compensation is meant to address the non-economic impact of his injuries on his quality of life.
Hypothetical Pain and Suffering Compensation: HK$800,000
Rehabilitation and Therapy Costs
John required extensive rehabilitation and therapy, including physical therapy, occupational therapy, and psychological counseling, to help him recover and cope with the aftermath of the accident.
Hypothetical Rehabilitation and Therapy Costs: HK$300,000
Property Damage
John’s personal belongings, including his smartphone and laptop, were damaged in the accident. The compensation for property damage covers the repair or replacement costs of these items.
Hypothetical Property Damage: HK$20,000
Total Hypothetical Compensation
- Medical Expenses: HK$500,000
- Lost Wages: HK$180,000
- Loss of Earning Capacity: HK$1,200,000
- Pain and Suffering: HK$800,000
- Rehabilitation and Therapy Costs: HK$300,000
- Property Damage: HK$20,000
Total Compensation: HK$3,000,000
Conclusion
In this hypothetical scenario, John could seek a total compensation of HK$3,000,000 for the serious head and skull injuries he sustained in the traffic accident caused by Mr. Chan. This compensation would cover his medical expenses, lost wages, loss of earning capacity, pain and suffering, rehabilitation and therapy costs, and property damage.
If you or someone you know has been involved in a similar accident, it is crucial to seek legal advice to understand your rights and the potential compensation you may be entitled to. Our experienced personal injury lawyers are here to help you navigate the legal process and ensure you receive the compensation you deserve.
HOTLINE FOR FREE CLAIM EVALUATION: 64288888