When a person is involved in an accident, they may potentially claim for personal injury. There are various types of accidents that could happen in Singapore, such as a road accident, workplace accident, or an accident due to negligence of another person, for example getting hit by an eScooter. It is important to note that different types of accidents require different legal procedures for personal injury claims.
In this article we will provide an overview of the topic, but please feel free to get in touch should you have further questions, need advice, or potential representation.
Negligence means a person’s conduct has caused another person to suffer loss or harm. Although there are several approaches for personal injury claim, the most popular approach for claiming compensation for personal injury is under law of torts – negligence.
In order to claim under negligence, it is necessary to fulfil the 3 elements as follows:
- The person must owe a duty of care to you;
- The person had failed / breached the said duty of care; and
- By an action or an omission (non-action), the person has caused you to suffer loss or harm.
As to whether the person is negligent (or liable to your suffering), it depends on the circumstances of the case. Hence, this is where a lawyer’s advice becomes critical. A good lawyer will be able to review your situation and provide honest advice on the merits of your case.
By proving the liability of another person, you can claim damages (compensation) for personal injury matters. You can get damages only when his or her injury or loss is foreseeable.
A person may claim damages for the following matters:
- Physical suffering
- Mental suffering
- Consequential losses such as medical fees, loss of earnings, transport expenses etc.
The limitation period for claiming personal injury is 3 years from the date of the injury. A person will lose their right to make a personal injury claim if he or she does not make a personal injury claim within the said limitation period.
However, there are exceptions, for instance, claimant is disabled, or a minor, or injury is undiscovered, or symptoms are not obvious.
Claiming for Different Types of Personal Injury
If you were involved in a road accident and you are covered by a road accident insurance plan, your insurer will normally handle claims that may crop up against you. However, if you intend to claim against an insurer of another party, it is highly advisable to consult a lawyer on how to proceed with the said claim to ensure proper due diligence and appropriate action.
For workplace accidents, one can claim damages (compensation) under the common law or the Workmen Injury Compensation Act. Under the Act, a person can lodge his or her claim with the Ministry of Manpower and representation by a lawyer is not compulsory. However, if a person wants to claim under the common law, he or she is required to be represented by a lawyer and file a claim in court.
Other Accidents – General Claim Process
If you already know how much you intend to claim for, you can begin with sending a letter to the relevant party. Usually, you will go through some hassle while obtaining compensation / damages from the relevant party.
The relevant party will normally dispute your claim and as a result, no settlement between the parties can be attained. This is where a lawyer plays an essential role to provide proper advice and to file your claim in court. It is advisable to hire a lawyer from the very beginning as a lawyer will act in your best interest by providing good advice, determine the compensation / damages you deserve, send a letter of demand on your behalf etc.
How can we help?
IRB Law LLP has a personal injury practice that can provide you with advice and action whether you are seeking compensation or rebuking a claim made against you. For a free, no obligation discussion, please don’t hesitate to get in touch.