Personal Injury Lawyer In Singapore
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In a case of you encountering personal injury through an accident or by any other means, you cannot be too sure as to the extent of your injuries until you seek medical advice. Seek medical treatment and legal advice from a lawyer to assess the strength of your claim. 2 ISSUES ISSUE 1: LIABILITY
You shall be advised on the issue of liability. In that, whether the person that caused the accident is to be 100% liable or if you would have to contribute towards liability. For your further understanding on your personal injuries claim arising out of the accident in issue, below are some general principles of a claim arising out of road accident. THE GENERAL PRINCIPLE It is the general principle for the claimant of a personal injury claim to be placed in a position he was in if the accident had not happened or if he did not suffer from any injuries.
BURDEN OF PROOF Flowing from the principle, the burden of proof on a balance of probabilities is on the claimant to prove that he has suffered injuries and suffered losses. The third party on the other hand, has the burden to prove that there was contributory negligence on the part of the claimant (with regards to the issue of liability) and that the claimant had failed to minimise (mitigate) his losses (with regards to the damages) ISSUE 2: TYPES OF DAMAGES There are two types of damages you may claim for. They are General Damages and Special Damages. SPECIAL DAMAGES generally consists the follows (this may not be exhaustive): Expenses incurred (a) Medical expenses: You can claim for medical expenses if they are related to the injuries suffered and if you have medical invoices to prove it. For example, hospitalisations, check-ups, medication prescription, physiotherapy. However, if your medical expenses have been reimbursed to you, you will not be able to claim for it. A claimant who prefers traditional medication and treatment could also recover the medical expenses. This could be recoverable if it is reasonable for him to seek traditional treatment or if he benefits from it (it is always best to get a doctorâ€™s advise and a memo on this). The cost of traditional medical expenses may not be recoverable if the claimant is seeking both conventional and traditional treatment at the same time. (b) Transport expenses: Always keep evidence of transport receipts. If you lost them or do not have copies, you may want to create an excel sheet inserting all transport expenses correlating to the reason for transport, the destination and estimated expense for a one way or round trip. As a general rule, transport expenses incurred by family members visiting the claimant are not recoverable unless the claimant can prove that these visits will benefit him and contribute to his recovery. The burden to prove this is rather high on the claimant. (c) Damage to property: The claimant may be allowed to claim for items that are lost or damaged as a result of the accident. The claimant would have to provide receipts on the cost of the loss/damaged items and evidence of itâ€™s loss or damage. Keep the damaged items and take photographs of them. It would also be advisable to indicate these in the police report.
(d) Other related and arising causes resulting from the accident (such as, crutches, wheelchair, bath seat, exercise equipment, etc). These items could be claimable if the treating doctor/physiotherapist recommends the purchase and use of it for your recovery. (e) Domestic assistance: If nursing care is required by the claimant due to the injuries sustained, the Court will grant allowance to make a fair value of the services. The value of the care is either the cost of the professional care or the loss of salary of the caregiver. It depends on the facts of the case and the reasonableness of the care and the quantum of the cost. The costs incurred by your care giver must be contributed to your recovery or helped in your rehabilitation. Medical evidence needs to support this as well. The burden to prove this is rather high on the claimant. (f) Cost of renovations/adaptations of home If the claimant’s home had to be renovated to accommodate the claimant’s condition due to the injury, the cost of the renovation is recoverable provided it is reasonable and necessary. Medical evidence needs to support this as well. The burden to prove this is rather high on the claimant. (g) Pension rights / perks/ drop in income If the claimant’s pension or retirement money is lost or diminished because the claimant’s service is shortened, this amount is recoverable. If perks provided by an employer such as overtime income, free housing, food and vehicles were lost as a result of the accident, the monetary value of such perks may be recoverable. (h) Cost of vehicle repair: This is recoverable so long as the repair fees are reasonably incurred and arising from the accident. AND Pre-trial loss of earning (inability to go to work due to your injuries sustained) If your earnings after the accident had dropped because of factors arising from the accident, you may be able to make a claim for the loss of income and loss of employers’ cpf contribution. Supportive documents for these are required. Prepare your payslips showing your drawn income before the accident (preferably, 6 months to a year before the accident) and notice of assessment (income tax document) for the 3 years prior to the accident. If you require any other documents, your lawyer shall advise you on it.
As a general rule, special damages have to be strictly proven otherwise, you will not be able to recover the expenses incurred. GENERAL DAMAGES Consists of: Pain and suffering (for your injuries sustained) For pain and suffering, the Court would take into consideration the extent of the pain, whether itâ€™s permanent or temporary and whether itâ€™s continuous or recurrent. Loss of amenities is the loss of the ability to enjoy life to its fullest. To determine the extent of the loss, the court would take a couple of issues into consideration, such as: -Restriction to your activities. -Ability to have children. -Marriage prospects. Loss of earning capacity/ loss of future earning They will also consider the number of years of working life which is lost or reduced due to the injuries. Loss of Future Earnings This is to compensate the claimant for any reduction in the existing earning capacity. The Court will derive the multiplicand by taking the difference in pre-accident income and present income and deducting income tax. The number of years the claimant will suffer from the reduction will be assessed and this will be the multiplier. Total loss of future earnings= multiplicand x multiplier. In assessing multiplier, the court will take into account the claimantâ€™s age at the time of assessment and prevailing retirement age. Assessment for loss of future earnings can only be made if loss is proved by evidence. Loss of Earning Capacity This is to compensate the Plaintiff for risk of loss of current employment and the consequent disadvantage due to his disabilities. Loss of earning capacity is usually awarded in a lump sum as part of general damages. Cost of future medical treatment/surgery, and cost of nursing care, if any. These may be claimable if it is reasonable and supported by medical evidence. Your lawyer would be able to advise you more on this.
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http://www.personalinjurylawyersingapore.com Personal Injury Lawyer In Singapore
Specialist Personal Injury Lawyer: Ms Prasanna Devi
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