If you or your friends unfortunate got injured during work, encountered a traffic accident, slipped on the floor in a shopping mall or wet market, got scalded by hot oil in a restaurant, got hurt or passed away owing to medical negligence, you might claim compensation (or in legal terms: damages) against the employer, any negligent institution, company and person.
Usually, such a claim would be based on Employees’ Compensation Ordinance (Cap. 282), Occupational Safety and Health Ordinance (Cap. 509), Occupiers Liability Ordinance (Cap. 314) and/or a negligent claim under tort (a civil claim under common law). The injured or their family may file a claim against the party that breached their legal duties and caused the injuries.
CPH Legal hasan excellent legal team (consisting of Hong Kong lawyers and paralegals) specialized in representing the injured and their family membersto claim compensation against the negligent parties. We have successfully obtained compensation for clients in numerous cases.
Common injury claims include:
- Work Injuries Claims (Under Employees' Compensation Ordinance or otherwise)
- Traffic Accident Claims
- Slip and Fall Claims
- Medical Negligence Claims
Question: How much compensation is recoverable for a work injury or traffic accident injury case?
Answer: If the defendant is liable, you may receive compensation under the following headings:
1. Pain, Suffering and Loss of Amenities (PSLA);
2. Loss of income and loss of earning capacity;
3. Medical and transport expenses
Example: Our client who was a housewife got injured in a traffic accident. Our lawyer obtained over $300,000 as compensation for her. As the client was a housewife who had no income, the compensation was mainly based on PSLA.
Question: After instructing a lawyer to represent me, is it a must to go to Court to claim compensation?
Answer: Not necessarily. In many cases, a settlement is achieved upon negotiations between the solicitor and employer/negligent driver/other negligent parties and the third-party insurance company. However, if there is no settlement reached, it may then be necessary to file an action in Court (High Court or District Court) in order to best safeguard the rights of the injured, subject of course to the evidence available.
Question: Under what circumstances do I need to consult a lawyer if I've encountered a traffic accident?
Answer: If you got injured in a traffic accident, and you wish to claim against the negligent driver and the third party insurance company for compensation, you should consult a Hong Kong lawyer specialized in personal injuries to analyze the question of liability for you, for example, whether the other driver is indeed negligent. Your lawyer will also give an opinion on the amount of compensation you should claim, and will represent you to negotiate with the negligent driver/ third-party insurance company or to file a claim in Court.
Question: Are legal fees expensive?
Answer: In general, Hong Kong personal injuries lawyers charge their fees on an hourly rate basis. Normally, the negligent party and its insurance company are responsible for paying part or all of your legal fees if you win the case or have obtained a favourable settlement. If the case is supported by abundant proof, and the injured has encountered financial difficulties, lawyers may agree to make flexible arrangements, which would reduce the fiscal burden of the injured victim.
Furthermore, you might be eligible for Legal Aid, so that some or all of the legal fees will be paid by the Government on your behalf, subject to certain conditions. CPH Legal is on the Legal Aid Panel, and we regularly represent injured clients who instruct us via Legal Aid. To learn more about Legal Aid and your eligibility, you may wish to get in touch with our firm.
Question: Can a lawyer take away a proportion of my compensation as legal fees?
Answer: Your lawyer and any person must not receive a proportion of your compensation as legal fees. It is a crime known as champerty for a lawyer or anyone to request say 30% of the compensation as his or her professional fee. There are plenty of “Recovery Agents” in the market who promote themselves promising “No Win No Fee”. These people may be held liable for crimes related to maintenance and champerty as well as providing legal services without the requisite qualifications.
Our legal team works in accordance with high professional and legal standards. We only accept instructions directly from the injured persons and/or their family members. We do not take any cases referred to us by unlawful recovery agents.
Question: What will a responsible personal injuries lawyer do for me?
Answer: A responsible personal injuries lawyer would carefully review the evidence of your case so as to analyze the responsibility of different parties. If your lawyer believes that the evidence available is favourable to your case, he/ she would request medical reports and information from the police for you, and give an opinion on the amount of compensation.
I've just got injured in an accident. What to do now?
If you or your family member/friend have been injured in an accident, and the accident was caused by the negligence of another party, you can consult us for free via our WhatsApp hotline 6103 0006 or email us to set up a free telephone consultation.