How to make a claim for personal injuries?

It is important to bear in mind that generally the time allowed for submitting a personal injury claim to the Court is limited to three years from the date of the accident. If you do not commence proceedings within the 3-year time limit, you will lose your right to sue.

Here are some practical tips for preparing your claim for personal injuries:

Following the injuries sustained in the fire, you may have already received emergency assistance and medical treatment. You are advised to continue documenting any physical discomfort, symptoms, or medical conditions that may arise, and to retain all relevant medical records, reports, and receipts, as these may be required as support evidence in support of any future personal injury claim.
As any future personal injury claim will require proof that the injuries were caused by the acts or negligence of another party, if you obtained any photographs, video recordings, or other records taken at the time of the incident or afterwards in safe circumstances, these materials may constitute important evidence for your claim. You should retain and organise any such existing materials in your possession and, where possible, obtain relevant information or records held by witnesses.
Collect the contact details of any person who witnessed the accident and notify them that they will be contacted at a later date.
A record of the accident, including the place where it occurred, the date and time, the personal details of any witnesses, and details of the parties involved, will all be required when filing a personal injury claim.
If the personal injury has resulted in loss of working ability or has caused permanent personal damage like the loss of a limb, caused you to be confined to a bed or to require nursing services, these circumstances need to be taken into account as the scope of claim. You should retain all medical records, employment records, and unemployment-related documentation associated with the incident.

You should keep or re‑obtain payslips or any proof of income from before the accident, such as copies obtained from your employer, bank, or tax documents, to serve as evidence of loss of income due to being unable to work because of the injury.If the amount of compensation that you want to claim is over HK$3,000,000 you need to start your action in the Court of First Instance of the High Court. Claims for an amount under HK$3,000,000 should be filed in the District Court. Claims under HK$75,000 should be pursued in the Small Claims Tribunal.

In all cases it is advisable to consult solicitors who are experienced in dealing with accident compensation claims, and they will advise whether or not your intended claims have any merit, that is, whether or not there are reasonable grounds for your claim. Your solicitor will be able to organise your evidence in order to present it to the party being held responsible and their insurers. Please note that if records of the accident have not been properly kept, or are incomplete, this can be a big drawback in substantiating your claim.