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FAQ

Q1.I have been involved in an accident. What should I do now?

You should report the matter to the police and keep all documentary evidence in regard to the accident and receipts of expenses incurred (i.e. medical expenses). It is advisable to contact a lawyer for assistance on how they can help you in your claim

If it is a work accident, you should inform your employer and/or the Labour Department if the accident has not been reported by your employer yet

Q2.What is the process of suing the wrongdoer?

First, a letter before action will be sent to the wrongdoer setting out your grounds of claim against them. If the wrongdoer does not respond or the parties are unable to reach a settlement, legal proceedings will then be commenced

Q3.The wrongdoer does not reside in Hong Kong. Is it still possible to sue him/her?

Yes, you can still serve the documents to him but if the address is not within Hong Kong, you first need to seek leave from the Court to serve the documents out to that address.

Q4.How long does it take for legal proceedings to conclude?

This will largely depend on the facts of the case and the complexities. We have acted for clients where proceedings concluded ranging from 2 to 4 years.

It is advisable to contact a lawyer so that a more accurate timeline can be given based on your circumstances.

Q5.Is there a time limit on how long I can sue the wrongdoer?

Yes. It also depends on the nature of the accident. For instance, for a personal injury case, legal proceedings must be commenced within 3 years from the date of the accident or the date when the injury was discovered. In fatal cases, the limitation period is 3 years from the date of the deceased or the date of knowledge of the death of the deceased, whichever is later

In employees’ compensation cases, legal proceedings must be commenced within 24 months from the date of the accident or date of discovery of the accident

Q6.Do I need a lawyer to commence legal proceedings against the wrongdoer?

It is not a must to engage lawyers, however, it is highly recommended to have legal representation throughout the entire process. This is because they can advise and guide you from the outset

Q7.Would I be required to attend Court?

You would rarely be required to attend Court unless at Trial. If Court attendance is required, you will be notified in advance

Q8.If legal proceedings are commenced, do I have to wait after Trial for the result?

No. We always advise our clients to consider and/or attempt settlement negotiations during the legal proceedings. If the parties are able to reach a settlement, then the legal proceedings will come to an end immediately and you would not be required to attend Trial

Q1.How much compensation can I claim in a personal injury claim?

The amount of compensation you can claim will depend on the circumstances of the case. For a personal injury case, you can expect to claim the following：
• Damages for Pain, Suffering and Loss of Amenities
• Pre-and Post-Trial Loss of Earnings
• Loss of Earning Capacity
• Special Damages
It is advisable to get in touch with our team so that we can assess and provide an accurate assessment of your claim

Q2.How much compensation can I claim in a fatal accident case?

In addition to damages that can be claimed under a personal injury claim, you may be entitled to：
• Loss of Dependency
• Loss of Services
• Loss of Accumulation of Wealth
• Damages for bereavement
• Funeral Expenses
It is advisable to get in touch with our team so that we can assess and provide an accurate assessment of your claim

Q3.Some of my injuries are not physical. Would I still be able to claim compensation?

Yes, you may be entitled to claim compensation for non-physical injuries. It is not uncommon for victims to develop mental injuries that were directly caused by the accident. However, it should be noted that the mental injury is not temporary

Q4.The wrongdoer is no longer contactable. Can I still bring a claim against them?

Yes. One of the possible approaches is to serve the documents to his last known address. If that address is located overseas, you will need to seek leave from the Court to serve out of jurisdiction.

Q5.I have obtained judgment against the wrongdoer but he is unable to pay fulfill the judgment. What can I do in the circumstances?

You can consider to initiate bankruptcy proceedings against the wrongdoer but this may not be a solution to recover if the person has no assets to be enforced. In other cases, bankruptcy proceedings may put pressure on the person to repay, if he is actually capable.

Q6.Will my compensation be reduced if the injury was partly caused and/or contributed by me?

Yes, this is also known as contributory negligence.

The extent of liability you may have to bear will depend on the circumstances. If you think that you may be contributorily negligent, you may contact our team so that we can further advise you

Q7.The victim has initiated legal proceedings against me and their claim for damages is excessive. What can I do?

You are entitled to dispute their claim on damages and this is reflected in the Court documents. Contact us for further information on how we can assist you

Q1.I am encountering financial hardship after legal proceedings were initiated. Can I still continue the proceedings?

There are two options which you may consider. If the wrongdoer has admitted liability, you may seek advanced payment which is usually a lump sum. The payment will then be deducted from the total compensation to be awarded.

Alternatively, you may apply for legal aid which we can also assist with

Q2.Who will be responsible for my legal costs if I initiate legal proceedings against the wrongdoer?

If the case proceeds to legal proceedings, the Court will at the end of the case usually order the losing party to settle the winning party’s costs. Note that the final order for costs is usually range in between 60~80% of the actual fees you have incurred.