Personal injury claims can arise from:
- Road traffic accidents
- Industrial accidents
- Medical negligence
- Other types of accidents which result in injury caused by another’s negligence or wilful act
Typically, the tortfeasor or the negligent party will be covered by an insurance policy, for example, a car driver or the occupier of a building or construction site. As such, if a claim is made and one succeeds, the payment is guaranteed.
Assessing the amount of damages
Damages are awarded as compensation to the injured party for the losses he or she had incurred as a result of the accident and not as a means for punishment. The assessment of damages may be determined by either the Court or by agreement between the parties. The principle is to put you in the position that you would have been in if the accident had not occurred. Most claims are settled expeditiously out of court and before trial. As stated earlier, with the publication of the new Actuarial Tables for Personal Injury and Death Claims in 2021, a new method of calculating the lump sum of damages for future losses is now used for serious injuries and death. The amounts will be substantially higher in such cases.
Duration of the Claim
A claim involving a relatively minor injury may take about one to three months to settle after all the necessary documents have been obtained. For more complicated matters, the process may last between six months to one and a half years.
FAQs
It would be advisable to bring all relevant documents pertaining to the accident. Typically, this includes:
- Accident/Traffic Police reports
- Medical receipts, bill and invoices
- Medical certificates
- NRIC
- Notice of Income Tax Assessment / CPF statement / Payslips (for claims for loss of earnings)
Once the client has executed the Warrant to Act and has appointed COSMASLLC to handle the matter, we will make all the other necessary applications to the relevant departments like the Land Transport Authority, Traffic Police, Hospitals, Clinics, etc.
General damages do not have a specific or fixed amount. They are normally assessed based on what is stated in the medical/specialist reports. General damages include:
- Pain and suffering
- Loss of earning capacity
- Loss of future earning
- Future medical expenses
- Future transport expenses
We will evaluate your injury and assist you in understand the type of compensation that may be claimed for.
Special damages are monetary losses that have already been incurred due to the accident. They include:
- Medical expenses
- Transport expenses
- Loss of earnings
For special damages to be claimed, documentary proof of your actual losses is required. These may come in the form of:
- Receipts
- Invoices
- Tax assessment statements
- Payslips
Where the claimant was negligent or had in some way contributed to his or her own damage, the amount recoverable will be reduced to an extent which is fair and reasonable. For example, if the court determines that the claimant has contributed to his own damages by 50%, the amount of damages ultimately obtained will be reduced by 50%.