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In Yuen Long, Hong Kong, personal injury law covers incidents where a person's body, mind, or emotions are harmed due to the negligence or harmful actions of others. It covers a range of incidents including, but not limited to, traffic accidents, work-related injuries, slip-and-fall accidents, and medical malpractice.
A lawyer can greatly assist in the navigation of complex legal matters surrounding personal injury cases. They can help you understand the intricacies of your rights and entitlements under Hong Kong law, determine the compensation to which you may be entitled, and represent your interests effectively in court or during settlement negotiations with insurance companies.
Hong Kong's personal injury law is based on the concept of negligence. To succeed in a personal injury claim, you must prove that your injury was caused by someone else's negligence or wrongful act, and that the injury has resulted in financial loss or mental suffering. Hong Kong law also operates under a no-fault system for certain traffic accidents, and employers are legally obligated to have insurance coverage for employees against workplace injuries. Compensation covers loss of earnings, medical expenses, pain, suffering and loss of amenities of life.
Ordinarily, the limit is three years from the date of the injury. However, this can vary depending on the nature of the claim and specific circumstances.
Compensation is calculated based on several factors, including the severity of your injuries, your age, your loss of earnings, and any out-of-pocket expenses related to the injury. It aims to restore you to the position you were in prior to the injury.
Many personal injury cases are settled out of court. However, if a settlement cannot be agreed upon, you may have to go to court to pursue your claim.
Yes, employers in Hong Kong are obligated to have insurance for employees in case of work-related injuries.
You should seek immediate medical attention and report the accident to the relevant authorities. It is also beneficial to document the incident as much as possible, including taking photographs, noting witness details, and keeping a record of your injuries and medical treatment.
You may consider reaching out to the Legal Aid Department of Hong Kong, which provides assistance to those who pass a means test and a merits test. For workplace injuries, contact the Labour Department. The Hong Kong Federation of Insurers can also provide information about insurance claims.
If you believe you have a valid personal injury claim, the first step is to seek professional legal advice. Gather all supporting documents and information relevant to your claim. Be aware of the statutory time limit for submitting claims and ensure all legal proceedings are initiated within that limit. A lawyer will be able to guide you through this process and represent your best interests.
