1. When can you make a claim?
In Singapore, a personal injury claim generally arises when you suffer physical (or in some cases psychological) harm because another party owed you a duty of care and breached it, causing your injury.
Some common situations include:
- A motor-vehicle accident where you are a driver, passenger, pedestrian or cyclist. A slip, trip or fall on someone else’s premises due to unsafe conditionsWorkplace injuries (though these may fall under a specialised statute rather than ordinary negligence).
But timing is very important: in general, you have three years from the date of the accident (or from the date you became aware of the injury) to start legal proceedings. If you miss this limitation period, your right to claim may be lost
2. What must you establish?
There are two core questions in any personal injury claim:
- Liability: Did the other party owe you a duty of care, did they breach that duty, and did that breach cause your injury?
- Quantum: If liability is established, how much compensation should you receive for your losses?
You’ll need evidence to show what happened, how you were injured, and what losses you have faced. For example: medical records, witness statements, accident-scene photos, earnings history, etc.
Also note that in Singapore, if you are found to be partly at fault (known as contributory negligence), your compensation may be reduced accordingly under the Contributory Negligence and Personal Injuries Act.
3. What can you claim for?
Compensation in personal injury claims typically falls into two broad categories:
- General damages – non‐monetary losses such as pain and suffering, loss of enjoyment of life, psychological trauma.
- Special damages – actual financial losses caused by the injury:
- Medical bills (past and future)
- Loss of earnings or reduced future earning capacity
- Other out-of-pocket expenses (transport, home care, etc)
How much you receive depends on factors such as the severity of the injury, your age, your occupation, how long recovery might take, and whether the injury has long-term effects. Courts refer to guides such as the Guidelines for the Assessment of General Damages when assessing general damages.
4. What is the process?
Here’s a simplified flow of how a personal injury claim might proceed in Singapore:
- Immediately after the accident – report the incident: for a motor accident, you may need to report to the police and to your insurer. For other accidents, ensure the incident is documented and medical attention is sought.
- Gather evidence and document losses – keep medical records, photographs, witness details, receipts, income statements, etc.
- Initiate claim – you or your lawyer will send a Letter of Demand (or equivalent) to the party responsible (or their insurer).
- Settlement negotiations or court proceedings – many cases are settled out of court, but if liability or quantum cannot be agreed, you may proceed to court. For personal injury claims, depending on the quantum (amount claimed), the case may go to the Magistrate’s Court, District Court or High Court.
- Assessment of damages (“quantum”) – once liability is settled, a court (or parties in settlement) will assess how much compensation should be paid.
If you are a worker injured at work, there is a different route under the Work Injury Compensation Act (WICA) which simplifies things – under WICA you need not prove fault; you only need to show the injury arose out of and in the course of employment.
5. Tips to strengthen your claim
- Act early: Witness memories fade, documents get lost. Start collecting evidence soon.
- Seek medical treatment without delay: A contemporaneous medical report adds weight to your case.
- Keep full records: Photographs, receipts, wage slips, transport costs, home-care bills. These will help with special damages.
- Consider legal advice: While it’s possible to handle a claim yourself, a lawyer who specialises in personal injury can improve your chances of success and guide you through negotiation or court.
- Be realistic: Understand your claim’s strengths and any potential weakness (for example, if you were partly at fault).
- Beware the time limit: If you wait too long, you risk losing your right to claim.
6. Final words
Sustaining an injury because of someone else’s negligence is unfair. Fortunately, Singapore’s legal framework offers a route for victims to seek compensation — but success depends on being well prepared, acting promptly and being clear about what you’re claiming for.