我可以同時申索不論過失賠償（TAVA）及進行民事索償嗎？

社會福利署的交通意外傷亡援助計劃 (TAVA，俗稱不論過失賠償，或車手獎)，旨在向交通意外受害人或其受養人(如受害人死亡)迅速提供經濟援助。此計劃無須考慮受惠人的經濟狀況﹐或有關交通意外是因誰人的過失而造成。援助金按受害人的傷亡情況支付。

交通意外的傷者可以同時申請不論過失賠償，以及向疏忽的司機及其保險公司進行民事索償。不論過失賠償的計法由社署制定，但通常會比民事索償可得的賠償為少。而在民事索償取得賠償後，傷者需要將不論過失賠償退還給社署。

Legal Knowledge:

There are 2 types of lawyers in Hong Kong: Solicitors and Barristers. Generally speaking, solicitors provide a wider range of services, ranging from litigation to preparing various types of legal documents. Barristers tend to focus on Court appearances and in depth legal research.

It is worth to note that as a lay client, you cannot instruct a barrister directly, but you must do it through your solicitor.

Mr. Eric P H Chan, our principal solicitor, is one of not too many solicitors in Hong Kong who has experience conducting criminal trials as defence counsel and as a fiat prosecutor. In appropriate cases, you may be able to save legal expenses by instructing Mr. Chan as trial counsel without instructing a barrister.

In complex matters, you may wish to instruct a barrister to appear in Court or give legal advice. We have worked with various barristers of different seniorities, including Senior Counsel, to conduct trials and appeal cases.

Upon your instruction, we will help you consider your budget and the complexity of your case and form an appropriate legal team to defend your legal rights.