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In Hong Kong, civil claims for personal injury resulting from traffic accidents (commonly known as "recovery of damages") primarily originate from...Case summaries published by law firms, court judgments, and media reports on court rulings.These publicly available documents reveal the core logic and range of amounts involved in the claims, but it should be noted that the amount for each case depends on its unique circumstances and is by no means fixed.

The following will elaborate on the key factors affecting compensation, provide case studies from recent years (approximately 2018 to 2025), and list important procedural reminders.

I. Five Core Factors Determining the Amount of Compensation

Severity of injury and permanent sequelae
- minor injurySoft tissue injury (such as sprain, strain), mildWhiplash injury of the cervical spine(whiplash) usually results in a full recovery.
- Moderate to severe injuriesFractures (requiring surgery and long-term rehabilitation), herniated discs, and permanent limitation of joint mobility.
- Extremely serious injuriesTraumatic brain injury, spinal cord injury leading to paralysis, multiple fractures leading to permanent disability, and severe damage to appearance.
- Medical ReportIt is the cornerstone of quantifying injuries, andAssessment reports from specialists (such as orthopedic surgeons, neurologists, and rehabilitation specialists) and occupational therapists.This is crucial for demonstrating the long-term effects of the injury.
Pain, torment, and loss of enjoyment of life (PSLA)
- This is during the compensation process.Most subjective, but often has the largest weight.The court will refer to past cases and assess the injury based on its nature, duration of pain, and degree of disruption to daily life (such as sleep, housework, hobbies, and family relationships).
- The amount is not simply linked to the number of sick days, but the length of sick leave is an important indicator for measuring the impact.
Revenue loss
- Past income lossCalculate the actual loss of salary during the leave of absence due to injury (including basic salary, commission, allowances and MPF contributions) based on the employer's certificate and tax return.
- Loss of future income / Loss of ability to earn incomeIf the injury results in permanent disability, reduced work capacity, or the need to switch to low-income work, this portion of the compensation can be very substantial. The calculation will take into account the plaintiff's age, career prospects, percentage of disability, and expected years of service.
Special damages
- Expenses that are actually reimbursedMedical expenses (public/private hospitals), physical therapy, medication purchases, assistive devices (such as neck braces and lumbar supports), transportation costs to and from follow-up appointments, and additional family assistance costs incurred due to the injury.
- Future projected expenditures: Expected future costs for surgery, long-term rehabilitation, care, or home modifications.
Completeness and persuasiveness of evidence
- Key Chain of EvidencePolice accident investigation report, scene photos, dashcam footage, and eyewitness testimonies.
- Medical evidence chainThe continuous medical records and reports, starting from the emergency room records and continuing to the attending physician and specialists, prove that there is a direct causal relationship between the injury and the accident.
- Financial evidenceTax bills, pay stubs, MPF records, and all relevant receipts.

II. Detailed Classification of Real Cases in Recent Years (2018-2025)

The following cases are compiled from publicly available legal information and case summaries; all amounts are from settlements or judgments.Net compensation(In some cases, attorney fees have been successfully recovered from the responsible party.)

Category 1: Minor to moderate injuries (common among passengers or pedestrians)

Case OverviewThe taxi passenger was injured in a rear-end collision, mainly suffering from soft tissue injuries to the neck and lower back (whiplash injury). He will need to undergo several months of physical therapy and has been granted several dozen days of sick leave.
Compensation resultsAfter negotiations with lawyers, a settlement was reached with the opposing insurance company, with the total compensation received being approximately [amount missing]. HK$260,000.
Detailed analysis:
- PSLA (Pain and Inconvenience in Daily Life): Approximately HK$225,000(This represents a very high percentage, reflecting the subjective value of non-economic losses).
- Loss of past income: calculated based on sick leave and salary.
- Medical and transportation expenses: Reimbursed based on actual costs.
- AdditionalSuccessfully recovered our legal fees from the responsible party.
Key PointsAlthough such injuries are not permanent, they can disrupt daily life for months. Insurance companies often offer low initial compensation, but the amount can be significantly increased after negotiations with a professional lawyer.

Category Two: Minor injuries to drivers (involving extended sick leave)

Case OverviewA welder was driving his car when he was struck head-on by an oncoming vehicle that crossed his lane (at a low speed). The accident caused him neck and back pain, and he received a total of [amount missing]. 71 days sick leave.
Compensation resultsWith the assistance of a lawyer, a lawsuit was filed in the district court, and the defendant was ultimately awarded damages. HK$150,000.
Key PointsThe insurance company might initially only be willing to pay tens of thousands of yuan. This case shows that even if the injury is not serious, a longer sick leave will directly affect the calculation of income loss, and pursuing legal action can lead to more reasonable compensation.

Category 3: Moderate injury (significantly affecting work and daily life)

Case A (Higher PSLA):
- A 32-year-old man was hit by a car, resulting in multiple injuries and pain in his neck, back, and ribs. He has been on sick leave for an extended period. 214 days.
- The court assessed its PSLA damages at approximately HK$400,000The total compensation amount is far higher than this (including lost income, etc.).
Case B (Extended Sick Leave Case):
- A 34-year-old female passenger in the front seat suffered neck and shoulder sprains in a traffic accident and has been on sick leave for an extended period. 516 days.
- Its PSLA rating is approximately HK$300,000.
analyzeThe difference in compensation for both neck and back injuries reflects the court's stance.Duration of injury and its specific impact on an individual's life and work ability.Individualized assessments are not based solely on the number of sick days.

Category 4: More serious injuries (fractures, long-term sequelae)

Case A (District Court): A collision between a taxi and a motorcycle resulted in serious injury to one party. After trial, the court awarded total damages of approximately [amount missing]. HK$600,000.
Case B (High Court Case): The plaintiff suffered severe injuries in a traffic accident, resulting in long-term disability. The High Court's compensation structure is as follows:
- PSLA: Hong Kong Dollar 350,000 yuan
- Loss of past income: Hong Kong dollars 400,378 yuan
- Future income loss: Hong Kong dollars 324,000 yuan
- Other (medical, nursing, etc. expenses): HKD 47,375 yuan
- Total compensation: HK$1,106,753
Key PointsAs the severity of cases increases, compensation items become more complex, with a particular focus on the quantitative assessment of future work capacity. Total amounts exceeding HK$1 million are common.

Category Five: Serious Injury or Permanent Disability (High Compensation)

Scope of CompensationThe total compensation for such cases can reach [amount missing]. HKD 1 million to 2 million or more, or even higher.
Key factorsIf it involvesYoung people, high-income professionals (such as doctors, lawyers, and financial professionals), or those requiring lifelong care and medical attentionIn such cases, the compensation amount will increase exponentially due to the enormous loss of income and care costs over the next few decades.
JurisdictionAccording to the High Court Ordinance, a claim exceeding [amount] HK$3 million Personal injury claims must be filed in accordance with the law.High CourtThe proceedings are conducted in the Court of First Instance. The precedents of the High Court provide guidance to lower courts.

III. Reference Scope of Major Compensation Items (Approximate Estimate for 2025)

Compensation items	minor injury	Moderate injury	Severe/Permanent Injury
PSLA	about 10,000 – 100,000 Hong Kong dollars	about 100,000 - 500,000 Hong Kong dollars	Above HK$500,000It can reach millions
Past income loss	Calculated based on actual sick leave pay.	Calculated based on actual sick leave pay.	Calculated based on actual sick leave pay.
Future income loss	Generally not applicable or very rare.	If work performance declines permanently, it will be calculated proportionally.	Calculated based on the percentage of "loss of earning capacity", age, and original income.It can reach hundreds of thousands to millions
Medical/nursing expenses	Reimbursement based on actual expenses (usually less).	Actual reimbursement + estimated future rehabilitation costs	Actual reimbursement + substantial future medical, nursing, equipment, and home renovation costs.
Typical total range	100,000 - 300,000 Hong Kong dollars	300,000 - 1,000,000 Hong Kong dollars	Above HK$1 millionNo clear upper limit

IV. Important Legal Procedures and Practical Reminders

Insurance company strategyTo control costs, insurance companiesThe initial settlement offer ("first offer") is usually far below the fair value of the case.Those lacking legal representation are more likely to accept low compensation and forfeit their due rights. Experienced lawyers, on the other hand, can negotiate based on precedents and evidence, often increasing the compensation amount. 30% to 100% or more.
Statute of LimitationsAccording to the Statute of Limitations (Chapter 347), personal injury claims...The statute of limitations for bringing a lawsuit is three years from the date of the accident.You must submit your application to the court before this deadline.Formal filing of a lawsuit(Issuance of a summons), otherwise the right to claim may be permanently lost. Applying for an extension is extremely difficult.
TAVAS (Traffic Accident Injury and Fatality Assistance Program):
- This was provided by the government.Regardless of faultThe financial assistance is intended to help the injured or the families of the deceased cope with emergency needs.
- Important TipsApply for TAVASNo impactYou have the right to file a civil claim. ButMust pay attentionIn the event of a successful civil claim, the compensation received will need to be...Deducting the TAVAS aid already receivedAnd return it to the government. Do not mistakenly believe this is an "extra benefit".
Steps to seek professional assistance:
- Take immediate actionAfter an accident, consult a specialist as soon as possible.Personal injury claim (plaintiff) Lawyers. Most of these law firms offer...Free initial assessment.
- The role of a lawyerThey will review your evidence, arrange appropriate medical examinations to obtain strong reports, refer to the latest court precedents to estimate the value of your case, and represent you in negotiations or litigation with insurance companies.
- Fee ArrangementSuch cases are generally handled using"Charging based on conditions" or"Damages Fees" An arrangement that is "no success, no fee" (usually meaning that after deducting the lawyer's success fee, the client's final net compensation is a positive amount). Specific terms must be confirmed in writing with the law firm before engaging the client.

DisclaimerThe above content is a general analysis and reference based on publicly available information and does not constitute legal advice. Each traffic accident claim is unique, and the amount of compensation must be determined based on specific evidence and legal assessment. For legal advice regarding your individual circumstances, please consult a qualified practicing lawyer.

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