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Personal Injury Lawyers Hong Kong

With increasing awareness of the right to claim damages against the wrongdoers, there has been a significant increase in the number of personal injury claims in the past number of years.

There is a unique set of Court rules and procedures that must be followed in personal injury cases. OLN’s Personal Injuries team are experienced in handling many different types of personal injury claims, including those resulting from industrial accidents, traffic accidents, medical negligence, aircraft accidents and assault. We are also experienced in acting for disabled individuals and infants.

OLN’s experienced lawyers can provide prompt advice, at an early stage, in order to explore the possibility of swift settlement to minimize the risk of litigation. We also assist our clients to develop strategies in proceeding with their claims if Court proceedings cannot be avoided and will guide our clients through the legal and medical issues involved in such litigation, whilst keeping them fully informed every step of the way.

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From Claims to Chains: The High Price of Overstating Your Losses in a Statement of Damages
From Claims to Chains: The High Price of Overstating Your Losses in a Statement of Damages

November 8, 2024

OLN Practice Areas Personal Injury Law News

What You Need to Know before commencing Personal Injuries Action – Importance of Compliance with Pre-Action Protocol in Practice Direction 18.1
What You Need to Know before commencing Personal Injuries Action – Importance of Compliance with Pre-Action Protocol in Practice Direction 18.1

October 25, 2024

OLN Personal Injury Law

Personal Injury Law

What is the time limit for making a personal injury claim in Hong Kong? +

Under the Limitation Ordinance (Cap. 347), personal injury claims must generally be brought within 3 years of the date of the accident or the date the claimant became aware of their injury. There are exceptions for minors (time runs from age 18) and cases of latent injury.

What compensation can I claim for a personal injury in Hong Kong? +

Compensation can include general damages (pain and suffering, loss of amenities), special damages (medical expenses, loss of earnings, travel costs), and future losses. In fatal cases, dependants may claim under the Fatal Accidents Ordinance (Cap. 22). Amounts are assessed by the court based on medical evidence and actual financial loss.

What is Employees' Compensation in Hong Kong? +

Employees’ Compensation is a no-fault statutory scheme under the Employees’ Compensation Ordinance (Cap. 282). An employee injured in a work accident is entitled to compensation regardless of fault, covering medical expenses and a lump sum calculated on earnings and degree of permanent disability. Employers are legally required to maintain Employees’ Compensation insurance.

Can I sue for medical negligence in Hong Kong? +

Yes, a patient harmed by a healthcare provider’s failure to meet the appropriate standard of care can bring a civil negligence claim in the courts. Such claims require expert medical evidence.

What is contributory negligence and how does it affect my personal injury claim? +

Contributory negligence occurs where the claimant’s own actions partly contributed to their injury, for example, not wearing a seatbelt. Under the Law Amendment and Reform (Consolidation) Ordinance (Cap. 23), a court may reduce the damages award in proportion to the claimant’s degree of fault rather than dismissing the claim entirely.

Do I need to go to court to settle a personal injury claim in Hong Kong? +

Not necessarily. The majority of personal injury claims are settled out of court through negotiation or mediation. OLN seeks prompt advice at an early stage to explore swift settlement, and only recommends litigation where settlement cannot be achieved on reasonable terms, minimising cost and stress for the client.

How are traffic accident claims handled in Hong Kong? +

Traffic accident victims claim compensation from the at-fault driver’s third-party insurance. All motor vehicles in Hong Kong must carry third-party insurance under the Motor Vehicles Insurance (Third Party Risks) Ordinance (Cap. 272). Where the at-fault driver is uninsured or untraced, claims may be made to the Motor Insurers’ Bureau.