There are more than a hundred thousand road casualties reported in Australia every year including at least 3 fatalities each and every day. Car drivers and their passengers are not the only ones who get injured in Mandurah motor vehicle accidents as the statistics include a high proportion of pedestrians, cyclists and motorcyclists whose vulnerability often leads to more serious injuries than those suffered by the relatively well protected inhabitants of a car that is involved in a collision with another motor vehicle.

If you have been injured resulting from the negligence of a Mandurah motor vehicle driver, you have the right to make a compensation claim for personal injury and loss. If you were a passenger, you can claim compensation against the driver of the car in which you were travelling even if that person is a friend or close relative.

Our specialist personal injury solicitors provide a 'no win no fee' service with no personal financial risk for a Mandurah car accident compensation claim. Win or lose there is no charge and compensation is paid in full. In order to claim compensation the accident must have happened within the last three years and the collision must have been caused by another person�s negligence.

Negligence

There are a lot of very different definitions for the meaning of the word 'negligence' used in a legal sense but probably the most common 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.

Legal action claiming personal injury and loss as a result of a road accidents is possible only if the following conditions are satisfied :-

• A negligent defendant must owe a duty of care to the claimant. By law the duty of care exists almost without exception for road users who must all drive reasonably to care for the safety of others.
• On the assumption that the duty of care exists, it must also be evident that the proposed defendant has breached the duty of care because his or her behaviour has failed to meet a reasonable standard of skill and care when compared with the driving habits of other prudent car drivers.
• It is also necessary to show that the injury, loss and damage are the direct results of the proposed defendant�s breach of duty.

Compensation

Financial compensation is awarded for the damage suffered by the claimant or claimants in a negligence claim. Compensation is identified by lawyers as 'special damages' or 'general damages'. The former refers to loss that can be calculated precisely; the latter refers to losses or damages that cannot be measured precisely and require assessment. Awards of compensation claims for road accidents often include the following items :-

• pain and discomfort caused by the injury and long term disabilities
• cost of care and all medical expenses
• loss of wages both past & estimated for the future
• loss of employment, job opportunities or promotion
• loss of congenial employment
• disadvantage in the open labour market resulting from disabilities
• loss of lifestyle including hobbies
• expenses incurred as a result of the injury
• property damage including vehicle repair costs and insurance excess
• vehicle hire while awaiting repairs
• reduced value of the repaired vehicle
• any other reasonably incurred losses

Time Limits

All claims for damages for personal injury have a time limit. In general terms all Mandurah personal injury compensation claims must be either settled or legal proceedings must have been issued in the court of law within three years of the occurrence of the accident. Failure to do so may mean that the car accident compensation claim is barred and the chance to claim any compensation will have been lost. There are exceptions to the general rule as follows :-

• If the claimant is under 18 years at the time of the accident, the three year period will start on the date of the 18th birthday of the claimant.
• If a potential claimant is mentally disabled then time only starts to run when that person returns to full mental ability.
• Time only starts to eun when the injury is discovered using reasonable diligence.
• Time does not run if a judge makes an appropriate order which is very rare.

Evidence

A Mandurah car accident compensation claim is proved by the use of evidence. Immediately after the accident, a potential claimant should get the personal details of all the other drivers involved and the contact details for any witnesses. Prepare a written documentation of what happened before, during and after the incident. Take photographs of the location and of the damaged vehicles. Claimants who are injured should immediately go to a hospital or doctor to make sure there is a record of the injury. Keep a diary of the injury, a record of expenses and any relevant invoices.