(III) Legal procedures involved in personal injury proceedings

Before introducing the legal procedures that are involved, you should first know the time limit for submitting a personal injury claim to the Court. There are different time limits for personal injuries and fatal accidents.

Under section 27 of the Limitation Ordinance , where a plaintiff makes a claim for personal injury , the limitation period is three years from the date of the accrual of the cause of action (that is, the date of the accident/the date when the plaintiff was injured) or the date of knowledge (that is, knowing that the injury was significant and attributable to the defendant), whichever is later.

According to section 28 of the Limitation Ordinance , where the claim is one of fatal accident , the limitation period is three years from the date of death or the date of knowledge of the death by the deceased's dependent, whichever is later.

Where the person injured is under disability , the 3 years' limitation period is not applicable until the person ceases to be under the disability or dies, whichever is earlier ( section 22(1) and 22(2) of the Limitation Ordinance ). A person is considered to be under a disability if he/she is a child or a patient who is mentally incapacitated. Thus, for children, the limitation period is not applicable until the age of 18.

However, the Court has discretion not to apply the limitation periods where it is fair and reasonable.

1. In a brief description of the procedures of personal injury proceedings, must the plaintiff and the defendant appoint lawyers to handle the case? Are there any differences in the procedures between claims for injuries and claims for fatal events?



2. I was injured at work. Is the legal procedure for my claim against my employer for employment/work-related injuries different from the procedure for a personal injury claim?



3. Further to the above question, can I simultaneously make 2 claims – one for work-related injuries and the other for personal injuries – against my employer and other relevant parties?



4. A member of my family died in an accident. Can I initiate personal injury proceedings on behalf of my dead relative? What is the procedure that I have to follow before suing the wrongdoer?



5. My son was injured in an accident. He wants to make a personal injury claim but he is under 18 years of age. Can he commence the legal action by himself, or should I take up the proceedings on his behalf?