3. Statement of Claim

3. Statement of Claim

You must state the age and date of birth of the Plaintiff in the Statement of Claim. For claims under the Fatal Accidents Ordinance (Cap. 22), similar particulars of the deceased and the person(s) on whose behalf the action is being brought must be given.

The following documents must be served with the Statement of Claim:

(i)       medical report(s) or a post-mortem report if one exists.  At least one medical report must describe the Plaintiff’s condition at a time preferably no earlier than 4 months prior to the service of the report; and

(ii)       Statement of Damages.

In order to avoid unnecessary delay and costs, the Plaintiff should also serve the following documents:

(i)       a copy of any Statement of Facts and finding of guilt, arising out of any prosecution of any party in respect of the accident in which the Plaintiff was injured or the deceased was killed. This should be accompanied by a sketch plan prepared by and photographs taken by and / or on behalf of any investigating or prosecuting authority, and any statements made by any witnesses, including where available a Police Investigation Report or a report by an Occupational Safety Officer;

(ii)       in respect of any post-accident earnings,

• (a) where the Plaintiff has returned to work other than with his pre-accident employer and if such employer(s) is / are not Defendant(s) in the action, a record of earnings and allowances received by the Plaintiff contained reasonably sufficiently either in his pay slips, statement(s) obtained from his employer(s) or his bank account or other records; or 
  (b)       where the Plaintiff is self-employed, his profit and loss accounts, together with copies of his tax returns lodged with the Inland Revenue Department by him / her and, where appropriate, by his employer(s), and his ORSO and / or MPF Statements;

(iii)       in respect of pre-accident earnings,

• (a)       where the Plaintiff was employed by employer(s) who is / are not Defendant(s) in the action, a record of earnings and allowances received by the Plaintiff for the 12-month period prior to the accident, contained reasonably sufficiently either in his pay slips, statement(s) obtained from his employer(s) or his bank account or other records; or 
  (b)       where the Plaintiff was self-employed, his profit and loss accounts for the 2 years prior to the accident, together with copies of his tax returns lodged with the Inland Revenue Department by him / her and, where appropriate, his ORSO and / or MPF statements for the 2 years prior to the accident;

(iv)     copies of any statements by the Plaintiff and any other person who was an eyewitness to the accident in question as to the circumstances of the accident, upon which the Plaintiff relies in support of his pleaded case, to the extent that this has not been fulfilled by (i) above; and

(v)       in all medical negligence cases, a copy of any expert medical report relied upon for proving liability and causation.