Types of Injury
legal action for personal injury is a civil lawsuit that is directed at
compensating the victim (the "plaintiff" who commences the lawsuit) due to
injury or death which is caused by the wrongdoer (the "defendant" who is
being sued by the plaintiff). It does not aim at imposing criminal liability
for punishing the defendant.
Generally, there are many types of Personal Injuries. Below are some of the
Road traffic accidents
Accidents at work
Accidents in a public place
Slipping or tripping incidents
Accidents on holiday
Making a Claim
Before introducing the legal procedures that are involved, you should first
know the time limit for submitting a personal injury claim to the Court.
There are different time limits for personal injuries and fatal accidents.
section 27 of the Limitation Ordinance,
where a plaintiff makes a claim for personal injury, the limitation period
is three years from the date of the accrual of the cause of action (that is,
the date of the accident/the date when the plaintiff was injured) or the
date of knowledge (that is, knowing that the injury was significant and
attributable to the defendant), whichever is later.
section 28 of the Limitation Ordinance,
where the claim is one of fatal accident, the limitation period is
three years from the date of death or the date of knowledge of the death by
the deceased's dependent, whichever is later.
Where the person injured is under disability, the 3 years' limitation
period is not applicable until the person ceases to be under the disability
or dies, whichever is earlier (
section 22(1) and 22(2) of the Limitation Ordinance
). A person is considered to be under a disability if he/she is a
child or a patient who is mentally incapacitated. Thus, for children, the
limitation period is not applicable until the age of 18.
However, the Court has discretion not to apply the limitation periods where
it is fair and reasonable.