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Types of Injury

 

A 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 regular types:

* Road traffic accidents

* Accidents at work

* Accidents in a public place

* Slipping or tripping incidents

* Accidents on holiday

* Defective products

* Head injuries

* Spinal injuries

* Whiplash

* Industrial accidents

* Industrial diseases

 

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.

Under 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.

According to 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.

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