More than half a million motor vehicle accidents are reported in Australia each year which account for about 100,000 injuries of varying severity including about 1400 fatalities. Countless numbers of these accidents are caused by drivers who behave in a negligent manner. Injuries sustained in an RTA may leave victims with permanent and very serious physical damage such as brain injuries, spinal cord injury, amputation and paralysis with a proportion of these victims also suffering from mental illnesses including post-traumatic stress disorder. Compensation is available for those who have been injured by the actions of a negligent driver. Although the victims may never be the same, having sufficient resources and finances helps them to lead as normal a life as possible and saves their families from an overwhelming financial burden. If you or someone you care about has been injured by a negligent driver you should seek legal assistance to make a personal injury compensation claim as soon as you can. You may issue legal proceedings against drivers of other vehicles or as a passenger you can sue your owe driver if appropriate; regardless of their relationship to you. A lot of people don't start legal proceedings for personal injury compensation because they don't have the money however our Albury Wodonga car accident compensation claim solicitors offers a financial service that addresses this issue. We take your case at no cost to you by using the no win no fee scheme. We take no deductions from your award; you receive the total amount of your compensation.
Once you have decided to make an accident compensation claim, you need to be aware of the time limits that apply to applications for personal injury damages. Your Albury Wodonga car accident compensation claim solicitor will make sure that all documentation is completed and dealt with in a timely manner. Your lawyer will be well informed about the time limits and the statute of limitations that applies in your area. In general terms a personal injury claim must be settled or proceedings must have been issued in a court of law within three years of the event that caused the injury failing which the claim will be statute barred and the opportunity to claim compensation will be lost forever. In most cases the time limit does not start to run until the injury is revealed and there are exceptions to the general rule for those under the age of 18 years and for the mentally incapacitated. In addition the judge in your case has a wide discretion to amend time limits however this power is very rarely exercised. Time limits and limitation periods are a legal minefield and if you are in any doubt whatsoever you should take urgent advice from an Albury Wodonga car accident compensation claim solicitor.
An accident compensation claim arises when a negligent driver causes personal injury and loss. In any type of legal proceedings alleging personal injury, the basic elements of negligence must be proven. The first element that must be shown is that the victim was owed a duty of care. All road users have a duty of care to all other road users to act in a reasonable manner. The essential second element is that the driver has breached the standard of care by their actions or inactions which caused the accident. The standard for negligence is whether or not the driver behaved in a manner that any reasonable person would under the same set of circumstances. The third element of negligence is that the breach of the duty of care directly resulted in personal injury or loss.
To improve the chances of a successful claim you should gather evidence as soon as possible. Written evidence does play an important role in proving what happened and determining the amount of the compensation award. If you are able to do so, you should write down what happened before, during and after the accident as soon as possible. You should exchange contact information with the other driver and take down the name and address of any eyewitnesses to the accident. You should photograph or video of the accident scene immediately and record any damage to the vehicles. Go to the hospital or your family doctor as soon as possible after an accident in order to start a medical history that documents your injuries. Keep any receipts for medical care, transportation or other costs related to your injury. Keep a daily diary about your recovery etc.
Compensation is a legal recourse for people who have suffered injury or loss due to the actions of a negligent 3rd party. Special damages refer to compensation for out of pocket expenses that can be calculated accurately which includes loss of wages and the cost of care. General damages refer to compensation which must be assessed by a judge including pain and suffering, loss of lifestyle and disadvantage on the job market. The amount of compensation awarded for pain and suffering depends on the extent of the injury, the recovery period and whether or not there are continuing disabilities.