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Personal Injury Demand Letter for Hong Kong

Personal Injury Demand Letter Template for Hong Kong

A Personal Injury Demand Letter is a formal written communication under Hong Kong law that serves as a crucial pre-litigation document in personal injury claims. It outlines the circumstances of the injury, establishes the basis for liability, details all damages incurred, and makes a specific monetary demand for settlement. The letter must comply with Hong Kong's civil litigation requirements and personal injury regulations, including adherence to limitation periods under the Limitation Ordinance (Cap. 347) and consideration of the Personal Injuries (Compensation) Ordinance. It serves as both a formal notice of claim and an invitation to settle the matter before proceeding to litigation.

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What is a Personal Injury Demand Letter?

The Personal Injury Demand Letter is a critical document in Hong Kong's personal injury claims process, typically used before initiating formal legal proceedings. It is employed when an individual has suffered physical or psychological injury due to another party's negligence or wrongful actions. The letter serves multiple purposes: it formally notifies the responsible party of the claim, presents evidence and legal arguments supporting the claim, and proposes a settlement amount. This document must be drafted in accordance with Hong Kong legal requirements and should include detailed information about the incident, medical evidence, financial losses, and other relevant documentation. It's an essential tool for potential settlement negotiations and can help avoid costly litigation if handled properly.

What sections should be included in a Personal Injury Demand Letter?

1. Sender and Recipient Details: Full contact information of both parties, including names, addresses, and reference numbers if applicable

2. Date of Letter: Current date of the demand letter

3. Subject Line: Clear indication that this is a formal demand letter regarding personal injury

4. Incident Details: Specific details about when, where, and how the incident occurred

5. Injury Description: Detailed description of injuries sustained and their impact

6. Medical Treatment: Summary of all medical treatment received and ongoing medical needs

7. Liability Basis: Clear explanation of why the recipient is legally responsible for the injuries

8. Damages Calculation: Itemized list of all damages being claimed, including medical expenses, lost wages, and pain and suffering

9. Settlement Demand: Specific monetary amount being demanded and payment terms

10. Response Timeline: Deadline for response and potential consequences of non-response

11. Closing: Professional closing with contact information for response

What sections are optional to include in a Personal Injury Demand Letter?

1. Witness Information: Include when witnesses to the incident are available to support the claim

2. Insurance Details: Include when there is relevant insurance coverage to reference

3. Prior Communication: Reference any previous attempts to resolve the matter

4. Future Medical Needs: Include when ongoing or future medical treatment is anticipated

5. Lost Income Projection: Include when future income loss can be reasonably calculated

6. Third Party Reports: Reference to expert opinions or accident investigation reports if available

What schedules should be included in a Personal Injury Demand Letter?

1. Medical Records: Copies of all relevant medical records and reports

2. Medical Bills: Copies of all medical bills and receipts

3. Photographic Evidence: Photos of injuries and/or accident scene

4. Incident Reports: Police reports, workplace incident reports, or other official documentation

5. Wage Loss Documentation: Pay stubs, employer letters, or other proof of lost income

6. Expert Reports: Any relevant expert opinions or evaluations

7. Correspondence Log: Record of all previous communication regarding the incident

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Document Type

Demand Letter

Cost

Free to use
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