About Personal Injury Law in Kowloon, Hong Kong
Personal Injury Law in Kowloon, as is the case in any other part of Hong Kong, encompasses situations where an individual suffers harm due to the inability of another party to exercise duty of care. Legal remedies and defenses are involved in civil lawsuits brought as a result of wrongful conduct. In most cases, the defendant's negligence leads to such circumstances.
Why You May Need a Lawyer
Personal injury can take many forms, ranging from car accidents, work-related injuries, medical malpractice, to pedestrian accidents. You may need a lawyer if you suffer an injury which results in physical harm, emotional distress or significant financial burden due to medical bills or inability to work. A personal injury lawyer can help you seek a fair settlement from the party responsible or their insurance company.
Local Laws Overview
The Personal Injury Law in Hong Kong is founded on the principle of fairness. The victim should receive as near as possible full compensation for the wrong done to them. Damages are often divided into two types: pecuniary and non-pecuniary, the former being calculable losses such as medical expenses or lost earnings, the latter being less tangible aspects like pain or suffering. There is no statutory cap on these damages in Hong Kong but there are often judicial guidelines in play.
Frequently Asked Questions
1. How long do I have to file a personal injury lawsuit in Hong Kong?
Under the Limitation Ordinance, lawsuits in Hong Kong for personal injury must be commenced within three years from the date of the accident.
2. How much will it cost to hire a personal injury lawyer?
Most personal injury lawyers in Hong Kong work on a contingency fee basis. That means you pay nothing upfront, they take a proportion of the settlement if you win your case.
3. Can I still claim damages if I was partially responsible for the accident?
Yes, Hong Kong has a doctrine called 'contributory negligence'. If you are found to be partially responsible, your recovery will be reduced by your percentage of fault.
4. Is it necessary to go to the court for personal injury claims?
Not always. Most personal injury claims are settled through negotiations without reaching the court.
5. What can I claim in personal injury cases?
You can claim for both pecuniary and non-pecuniary damages. These can include medical expenses, loss of wages, pain, suffering and loss of amenity.
Additional Resources
Citizens can get legal advice from The Law Society of Hong Kong or seek assistance from Hong Kong Legal Aid Department on Personal Injury matters. The Ombudsman's office can also be contacted for administrative justice concerns.
Next Steps
If you need legal assistance in personal injury, begin by seeking a reputable lawyer who specializes in personal injuries. Provide them with all necessary information regarding the situation. Remember, honesty is integral for a lawyer to build a strong case. Be proactive and supportive by delivering any required paperwork or documentation in a timely manner.
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The information provided on this page is intended for informational purposes only and should not be
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frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal
professionals for specific advice tailored to your situation.
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