It is estimated that on average at least three people die in road traffic accidents in Australia every day. In addition there are more than 100,000 other casualties every year. The majority of these casualties are drivers and passengers however motorcyclists, bicycle riders and pedestrians, being the most vulnerable in that they are unprotected, tend to suffer more serious injuries. If you are the innocent victim of a Dubbo motor vehicle accident you are entitled to claim compensation for personal injury against a negligent driver, even if you were travelling in the negligent driver's vehicle and even if that driver was a close friend or relative including spouse, child or parent. Time limits do apply to a Dubbo car accident compensation claim and you should take advice from a specialist personal injury solicitor as soon as possible after the incident that caused the injury. To succeed in a Dubbo car accident compensation claim it must be shown that the 3rd party driver was negligent and that the driver's negligent actions caused the injury. Our car accident compensation solicitors deal with personal injury claims on a no win no fee basis. Compensation is paid in full with no deductions. Win or lose there is no charge.
Negligence is characterised by an individual's conscious act or willful failure to act that causes damage or loss to another individual. The most often quoted definition of negligence is as follows :-
In order to take action for compensation based on negligence it is necessary to show that the errant driver owed a duty of care to the victim (all road users owe a duty of care to each other by law) and that the negligent driver failed to exercise a reasonable degree of skill and care (when compared other drivers on the road) and that the breach of that duty of care caused injury and loss.
Damages awarded in a Dubbo car accident compensation claim are divided into two primary classifications being general damages and special damages. Special damages are calculable and quantifiable and have no element of assessment including wages losses (both past and future) and damage to property including vehicles. General damages represent compensation that must be assessed by a judge which includes awards for pain and suffering, psychological damage, loss of lifestyle, disadvantage on the open labour market and loss of congenial employment. The amount awarded for pain and suffering depends on the extent of the injury, the time taken for recovery and whether or not there is any continuing disability or lingering discomfort.
Personal injury awards are subject to a limitation period which means that a compensation claim must be settled or proceedings must have been issued in a court of law within three years of the accident or within three years of the injury having been discovered. There are exceptions for minors and for the mentally disabled. Time does not run against a minor until the 18th birthday and time does not run against a mentally disabled person until full mental capacity is regained. Judges have wide discretion to alter or amend the limitation rules.
Preservation of evidence is all important in a Dubbo car accident compensation claim. Immediately after the accident you should exchange details with the other drivers involved, identify any policemen that attend, obtain contact details of any witnesses and take photographs of the location and of the damaged vehicles. You should then urgently attend either your family doctor or the local hospital in order to record the injury. The records will in due course be used as evidence to support the claim for pain and suffering.