The Personal Injury Letter of Claim is a crucial document in Hong Kong's personal injury litigation process, serving as the formal commencement of a claim before court proceedings are initiated. This document must be served in accordance with Hong Kong's pre-action protocols and is designed to provide the defendant with clear notice of the claim and sufficient information to investigate its merits. The letter typically follows a serious accident or injury and must be sent within the limitation period (generally three years from the date of injury). It contains detailed information about the accident circumstances, alleged liability, medical evidence, and financial losses incurred. The document plays a vital role in promoting early settlement discussions and avoiding unnecessary litigation, allowing parties to assess their positions and potentially resolve the matter without court proceedings.
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1. Addressee Details: Full name and address of the defendant/potential defendant and their insurer if known
2. Client Details: Full name, address, and relevant personal details of the claimant
3. Accident Details: Date, time, location, and comprehensive description of how the accident occurred
4. Liability Statement: Clear statement of why the defendant is considered liable, including relevant legal basis
5. Injury Details: Description of injuries sustained, medical treatment received, and current medical condition
6. Financial Losses: Summary of special damages including medical expenses, loss of earnings, and other quantifiable losses
7. Medical Evidence: Summary of medical reports and ongoing treatment
8. Request for Response: Timeline for acknowledgment and full response, typically 14 days for acknowledgment and 3 months for full response
9. Proposed Next Steps: Clear statement of expectations and proposed way forward
1. Witness Details: Include when witnesses to the accident have been identified and can provide supporting statements
2. Insurance Details: Include when there are relevant insurance policies that may cover the claim
3. Rehabilitation Needs: Include when the claimant requires ongoing rehabilitation or special medical attention
4. Police Report Reference: Include when the accident was reported to police and an official report exists
5. Previous Communications: Include when there have been prior communications with the defendant about the incident
6. Workplace Details: Include when the injury occurred in a workplace setting
7. Third Party Involvement: Include when other parties may share liability or be involved in the incident
1. Schedule of Special Damages: Detailed itemized list of all financial losses with supporting documentation
2. Medical Records Index: List of all medical reports, records and expert opinions relating to the injuries
3. Photographic Evidence: Photographs of injuries, accident scene, or relevant physical damage
4. Witness Statements: Copies of statements from witnesses to the accident
5. Documentary Evidence: Copies of relevant documents such as accident reports, police reports, or workplace incident reports
6. Expenses Documentation: Receipts, invoices, and proof of expenses claimed
7. Lost Earnings Documentation: Payslips, tax returns, or other evidence of loss of earnings
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Healthcare
Construction
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Retail
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Hospitality
Education
Property Management
Industrial
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Professional Services
Sports and Recreation
Relevant Teams
Legal
Compliance
Risk Management
Insurance
Claims Processing
Litigation
Corporate Secretariat
Human Resources
Health and Safety
Operations
Relevant Roles
Legal Counsel
Claims Manager
Risk Manager
Compliance Officer
Insurance Claims Handler
Personal Injury Lawyer
Litigation Partner
Legal Executive
Paralegal
Safety Officer
Human Resources Manager
Corporate Secretary
Insurance Underwriter
Claims Adjuster
Legal Administrator
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