There are over 100,000 casualties reported annually as a result of Australian motor vehicle accidents and approximately 3 people die on our roads every day. Most of the injured are drivers and their passengers however pedestrians, cyclists and motorcyclists are extremely vulnerable and suffer from disproportionally serious injuries.

If you are the victim of a driver's negligence, you can make a Lismore car accident compensation claim for personal injury and financial loss. You can take legal action even if the negligent driver is a close relative or good friend.

If you have suffered personal injury in a motor vehicle accident in Lismore, you should contact a solicitor as soon as possible. In order to make a car accident compensation claim, the collision must have happened within the last 3 years and must have been caused as the result of negligence by another person.

Our specialist personal injury solicitors offer a comprehensive no win no fee service which can be summarised as 'win or lose no charge - compensation paid in full'. There is no financial risk whatsoever and you are paid 100% of your compensation.

Negligence

Negligence within the confines of a car accident compensation claim has been defined in many ways but one of the most quoted definitions is as follows :-

'The failure to do something which a reasonable person, guided by ordinary considerations would do; or the doing of something which a reasonable and prudent person would not do.'

In order to take legal action for compensation following a Lismore road accident, it is essential for the potential claimant to prove that the following fundamentals exist :-

• The defendant must have owed a duty of care to the claimant. In the case of a car accident compensation the duty of care will exist almost without exclusion.

• It must also be shown that the duty of care was breached by the defendant due to a failure to exercise a reasonable degree of skill and care when compared to other prudent drivers. This means that a conviction in the criminal court for a motoring offence is not required in order to prove negligence in the civil court.

• It must be proven that loss, damage or injury was caused directly and predictably by the breach of duty.

 

Compensation

There are two types of damages for which sums are paid out, namely :-

• Special Damages represent compensation that can be accurately calculated.
• General Damages represent compensation that must be assessed by a judge.

Damages paid in Lismore car accident compensation claims include the following :-

• pain and suffering including any physical aftereffects that will be experienced long-term
• loss of earnings up to the date of settlement and estimated in the future
• reduced promotion prospects or reduced job opportunities
• loss of a congenial employment
• loss of lifestyle including hobbies
• out of pocket expenses
• cost of vehicle repairs
• insurance excess
• car rental
• interest
• care costs
• medical expenses
• general expenses
• legal charges

Time Limits

A personal injury compensation claim must have either been settled or proceedings must have been issued in a court of law within 3 years of the event that caused the injury. If the 3 years have already elapsed then the claim will be disqualified and the chance to claim compensation will be lost.

There are some exceptions to the 3 year rule as follows :-

• time only starts to run when the injury manifests itself
• time does not start to run until the 18th birthday
• time does not run against a mentally incapacitated person

Evidence

If you have been injured in a Lismore accident you must obtain evidence to support your compensation claim :-

• exchange personal details with others involved
• obtain witness contact information
• write down what happened immediately
• photograph the damaged vehicles and the location
• visit a doctor as soon as possible (within 24 hours)
• retain all estimates, receipts and invoices.
• keep a daily diary of your recovery