Personal Injury Claims in the Philippines: Filing Deadlines, Evidence, and Damages

This guide provides general legal information for the Philippine setting. It is not a substitute for advice from your own counsel.

1) Legal Bases and Theories of Liability

Primary source: the Civil Code on quasi-delict (torts).

Article 2176: Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage.
Elements: (1) an act or omission, (2) fault or negligence, (3) damage, and (4) a causal connection between the negligent act and the damage.
Independence from crimes: A civil action for quasi-delict is independent from, and may proceed regardless of, any criminal case arising from the same act (classic rule from Barredo v. Garcia).

Contractual negligence (culpa contractual). If injury occurs in the course of a contract (e.g., passenger vs. common carrier; patient vs. hospital/physician under a service agreement), the action may be framed as breach of contract. Standards and limitation periods differ from quasi-delict.

Vicarious liability (Art. 2180). Parents, guardians, school heads (in certain circumstances), owners of vehicles (in specified scenarios), and employers may be liable for the negligent acts of minors, wards, drivers, or employees, subject to the defense of due diligence in selection and supervision.

Special statutory bases (illustrative, not exhaustive).

Defective public works (Art. 2189): Provinces, cities, and municipalities may be liable for deaths or injuries due to defective roads, streets, or bridges under their control.
Traffic-specific presumptions: Violating traffic regulations can create a presumption of negligence; presence of the car owner during the incident can trigger owner liability.
Labor and social insurance: Work-related injuries may fall under the Employees’ Compensation program (ECC) and/or employer negligence under the Labor Code and Civil Code.
Product and consumer safety: Consumer protection statutes create causes of action for defective or unsafe products and services.
Medical negligence: Liability may be grounded in quasi-delict or contract depending on the patient–provider relationship and pleadings.

2) Filing Deadlines (Prescription) and Where to File

A. Prescription periods (core rules)

Quasi-delict (tort): generally 4 years from accrual of the cause of action (often the date of injury, or when the injury and the negligent act could reasonably be discovered, depending on facts).
Breach of written contract: generally 10 years; oral or unwritten contracts: generally 6 years.
Claims tied to criminal acts: The civil action arising from the criminal offense is typically deemed instituted with the criminal case unless expressly waived or reserved. Civil claims based solely on quasi-delict may proceed independently and are governed by civil prescriptive periods.
Special laws: Some statutes impose shorter or different limitation periods (e.g., certain insurance claims, transportation laws, or consumer statutes). Always check the specific governing law for the incident type.

Practical tip: Diary the earliest potentially applicable period (often 4 years for quasi-delict) and assess if another, shorter special period applies (e.g., contract or insurance policy conditions).

B. Venue and jurisdiction (as of current Judiciary Reorganization thresholds)

By amount of damages claimed:
- Small Claims: up to ₱1,000,000 (money claims only—no claims for damages arising from personal injury pain/suffering are typically pursued here).
- Municipal/Metropolitan Trial Courts (MTC/MeTC): civil cases not exceeding ₱2,000,000.
- Regional Trial Courts (RTC): when the amount exceeds ₱2,000,000 or when the action is incapable of pecuniary estimation (e.g., injunctions), or when special laws assign jurisdiction to the RTC.
Venue: Normally where the plaintiff resides or where the defendant resides, at the plaintiff’s election; for quasi-delict, also where the tort was committed.

C. Barangay conciliation (Katarungang Pambarangay)

If the parties are natural persons who reside in the same city/municipality, most disputes for damages require prior barangay conciliation before filing in court, subject to recognized exceptions (e.g., parties from different cities/municipalities, cases involving government or corporations, urgent legal actions, or cases exempted by law). Failure to comply when required can lead to dismissal without prejudice.

3) Elements to Prove and Defenses

A. Negligence standards

Reasonable person test: Did the defendant fail to exercise the care that an ordinarily prudent person would exercise under similar circumstances?
Statutory violations: Breach of safety statutes and traffic rules often supports a presumption of negligence; a valid excuse can rebut it.

B. Causation

Cause-in-fact: “But for” the act, would the injury have occurred?
Proximate cause: Was the act a natural and continuous sequence, unbroken by an efficient intervening cause, producing the injury, and without which the result would not have occurred?

C. Comparative/contributory negligence (Art. 2179)

If plaintiff’s negligence was the proximate cause: recovery is barred.
If plaintiff’s negligence was merely contributory: it does not bar recovery; the court mitigates damages according to the gravity of the parties’ negligence.

D. Assumption of risk / volenti non fit injuria

Voluntary exposure to a known danger may defeat or reduce recovery, depending on the facts and the extent of consent and knowledge.

E. Vicarious liability defenses

Diligence in selection and supervision of employees/agents (records of vetting, training, written policies, supervision logs) can rebut employer liability under Art. 2180.

4) Evidence: Building and Presenting a Winning Case

A. Burden and standard

Burden of proof: on the plaintiff.
Standard in civil cases: preponderance of evidence—the claim is more likely true than not under Rule 133 of the Rules of Court.

B. Evidence types (Rules of Court; Electronic Evidence & Judicial Affidavit Rules)

Documentary: police blotters, incident reports, medical records and bills, employment and income records, CCTV footage, photos, repair estimates, insurance policies, contracts, consent forms.
Testimonial: plaintiff, eyewitnesses, responders (police/EMS), treating physicians, expert witnesses (e.g., accident reconstructionists, medical specialists, economists). Judicial affidavits replace direct testimony and must attach supporting documents as exhibits.
Object/real evidence: damaged items, vehicles, clothing, instruments involved.
Electronic evidence: emails, SMS, GPS logs, dashcam/CCTV files, body-cam footage, metadata. Authentication may be through persons with knowledge, system custodians, or distinctive characteristics; hash values and logs are helpful.

C. Collecting and preserving evidence (immediately after the incident)

Medical: Prompt treatment; keep all receipts, prescriptions, diagnostic reports, and medical certificates linking injuries to the incident.
Scene preservation: Photograph/video the scene, positions, skid marks, weather/lighting, warning signs (or their absence).
Identification: Obtain names/contacts of the driver, owner, employer, witnesses; record plate numbers; secure police reports.
CCTV/dashcam: Request preservation from establishments or LGUs as early as possible (write formally; follow up).
Employment/income proof: Payslips, ITRs, contracts, certifications—critical for lost income claims.
Personal diary: Pain levels, treatments, limitations, psychological impact—useful for moral damages quantification.
Insurance notices: Notify relevant insurers promptly and comply with claim conditions.

D. Proving specific heads of loss

Medical expenses: receipts + physician testimony tying expenses to the injury; reasonableness may be tested.
Lost income (past): prove actual days missed and daily rate/allowances.
Loss of earning capacity (future): courts often compute Net Earning Capacity = Life Expectancy × (Gross Annual Income − Living Expenses); absent proof, living expenses are often assumed at 50%. A widely used life-expectancy guide is (2/3) × (80 − age at death).
Property damage: repair estimates, photos, and receipts; depreciation may apply.
Pain, suffering, and psychological impact: credible testimony, medical/psychological evaluations, and consistent treatment records.

E. Experts and when to use them

Medical experts: causation, permanency, disability grading.
Accident reconstruction/engineering: speed, stopping distances, visibility, compliance with standards.
Economists/actuaries: loss of earning capacity, discounting to present value.
Human factors/occupational therapy: future care needs, accommodations.

5) Damages: What You Can Recover

A. Compensatory (Actual) damages (Arts. 2199–2200)

Out-of-pocket losses proven with competent evidence (medical, rehab, transport, caregivers, property repair/replacement).
Lost earnings: salary/wages, allowances, business income (documented).
Future losses: reasonably certain future medical care and earning impairment.

B. Moral damages (Art. 2219)

May be awarded for physical injuries, including pain and suffering, mental anguish, fright, serious anxiety, social humiliation, and similar injury—proved by testimony and medical/psychological corroboration.

C. Temperate (moderate) damages (Art. 2224)

Granted when some pecuniary loss has been suffered but its amount cannot be proved with certainty (e.g., documented injury but incomplete income papers).

D. Nominal damages (Art. 2221)

To vindicate a violated right when no substantial loss is proven.

E. Exemplary (punitive) damages (Art. 2230)

Available when gross negligence or wanton conduct is shown, to deter similar acts. Usually requires a showing beyond ordinary negligence.

F. Attorney’s fees and litigation expenses (Art. 2208)

Recoverable only in specific instances (e.g., defendant acted in bad faith, exemplary damages are awarded, or the court deems it just and equitable). They are not automatic.

G. Legal interest

Monetary awards generally earn legal interest (commonly 6% per annum under prevailing jurisprudence) from a judicially determined date (varies by damage type) until full payment.

6) Interaction with Criminal and Administrative Proceedings

Criminal case filed: The civil action for civil liability ex delicto is deemed instituted with the criminal case unless waived, reserved, or filed separately under a different cause (e.g., quasi-delict).
Different standards: Criminal liability requires proof beyond reasonable doubt; civil liability only preponderance of evidence. An acquittal on reasonable doubt does not automatically bar civil liability based on quasi-delict.
Administrative inquiries: Road traffic, workplace safety, or professional discipline proceedings can generate useful records but do not substitute for a civil claim.

7) Insurance and Subrogation

Liability insurance: Notify the tortfeasor’s insurer; cooperate in investigations. Policy conditions can impose notice and documentation requirements.
No-fault/compulsory coverages: Some transport and auto policies provide limited no-fault medical/burial benefits upon streamlined proof; amounts are usually modest.
Subrogation: If your insurer pays your loss, it can pursue the wrongdoer in your name or its own up to the amount paid.

8) Step-by-Step: From Injury to Judgment

Immediate care & documentation. Prioritize health; collect records and receipts rigorously.
Preserve and gather evidence. Scene, witnesses, CCTV, police reports, and photos.
Assess theories & defendants. Driver, owner, employer, contractor, LGU, hospital, product manufacturer, premises owner, etc.
Check deadlines. Calendar the 4-year quasi-delict period and any shorter special periods; review contract terms and insurance notice limits.
Barangay conciliation (if applicable). Initiate before filing suit.
Demand letter. State facts, liability, and damages; attach key documents; invite settlement (this can support claims for attorney’s fees later in some cases).
File the complaint. Choose forum and venue; plead causes of action (tort, contract, both in the alternative, plus vicarious liability).
Pre-trial and ADR. Court-annexed mediation/JDR; exchange exhibits and judicial affidavits.
Trial. Present witnesses and experts; defend against contributory negligence and other defenses.
Decision, interest, and enforcement. Post-judgment motions, appeal as warranted; compute interest; pursue execution if necessary.

9) Common Pitfalls (and How to Avoid Them)

Missing a shorter deadline under special statutes or policy conditions. → Diary early and review all potentially applicable laws and contracts.
Insufficient proof of income. → Keep ITRs/payslips/contracts; if genuinely unavailable, temperate damages may be possible but are usually lower.
Ignoring barangay conciliation. → Determine if required; if yes, complete it first.
Weak causation evidence. → Secure medical opinions linking the incident to the injury; obtain CCTV/dashcam quickly.
Assuming criminal conviction is necessary. → It’s not; quasi-delict is independent.
Overlooking vicarious defendants. → Probe employer–employee and owner–driver relationships; ask for proof of diligence.

10) Quick Reference Checklists

A. Documents to gather

Medical: ER notes, diagnostics, operative reports, prescriptions, all receipts, medical certificate.
Income: ITRs, payslips, employer certifications, contracts, business permits/FS.
Incident: police report, photos/videos, witness details, property damage estimates, towing/garage records.
Electronic: CCTV requests, dashcam files, phone logs, GPS, ride-hailing trip data.
Insurance: policy/COC, claim forms, correspondence.

B. Heads of claim to evaluate

Medical (past/future), therapy and rehab
Transportation and caregiver costs
Lost income/earning capacity
Property damage
Pain and suffering; psychological injury
Moral, temperate, exemplary damages
Attorney’s fees and costs
Legal interest

11) FAQs

Q: Can I sue the driver and the vehicle owner? A: Yes. Depending on facts, both the driver (direct negligence) and the owner (vicarious liability, especially if present or employer) can be proper parties.

Q: What if I was partly at fault (no helmet/seatbelt, crossing mid-block)? A: You may still recover, but damages are reduced according to your share of fault unless your negligence was the proximate cause.

Q: Do I need an expert? A: Not always, but medical and economic experts are persuasive for permanency and long-term loss calculations; engineering experts help in complex accidents.

Q: How are future losses computed? A: Courts commonly use life-expectancy and net-income formulas, discounting for living expenses and sometimes for present value, supported by expert testimony and proof of income.

Final note

Personal injury litigation in the Philippines is a blend of Civil Code principles, procedural rules, and special statutes. The two most time-sensitive tasks are (1) medical care + documentation and (2) preserving evidence while calendaring the earliest plausible deadline. If your case touches a regulated sector (transport, medical, labor, consumer goods, insurance), verify any special prescriptive periods or prerequisites that may apply.