There are over 100,000 casualties as a result of motor vehicle accidents on Australia's roads every year including over 20,000 serious injuries and 140 fatalities. Most of the innocent victims are drivers and passengers however the worst injuries are often reserved for cyclists, motorcycle riders and pedestrians who are relatively unprotected and vulnerable when in collision with a motor vehicle. A Melton car accident compensation claim can be made by anyone who becomes the victim of a negligent driver. A Melton car accident compensation claim can be made regardless of the relationship that exists between the negligent driver and the injured person. There are time limits for Melton personal injury compensation claims and anyone who has been injured should seek legal assistance as soon as possible. Our solicitors can assist you to claim compensation for personal injury on a no win no fee basis. Win or lose there is no charge and compensation is paid in full. For free advice just call our helpline or email out offices. A solicitor will advise you on liability and the likely value of your potential claim without further obligation.

Negligence

An individual's actions or willful failure to act that results in damage or injury to another person may be called negligence. One of the most common definitions of negligence 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 personal injury compensation claims, it is required that the claimant be able to sufficiently show the court the following circumstances that constitute negligence :-

• that the victim was owed a duty of care - by law all road users owe all other road users a duty of care
• that the duty of care was breached by the negligent driver failing to use adequate skill compared to other prudent drivers
• that the ensuing collision caused the injuries

Compensation

Monetary compensation awarded to an individual who suffers personal injury in a Melton car accident is divided into two main categories being 'special damages' which refers to compensation that can be calculated without need for assessment and 'general damages' which refers to compensation that must be assessed by a judge.

An award of compensation in a Melton car accident claim may include :-

• pain & suffering
• wages losses - past & future
• reduced prospect of promotion
• disadvantage on the job market
• change of lifestyle
• out of pocket expenses
• damage to property including vehicles repair cost
• insurance excess
• reduced value of repaired vehicle
• car hire costs
• property adaption costs
• care and medical expenses
• medical aids & equipment
• travel expenses

Time imits

Personal injury compensation claims are governed by time limits. A Melton car accident compensation claim must be settled or proceedings must have been issued in a court of law within three years of the accident failing which the opportunity to claim compensation may have been lost forever. There are some exceptions :-

• time only runs after the 18th birthday
• time does not run against the mentally incapacitated
• time runs from when the injury becomes apparent
• a judge can alter time considerations at will

Evidence

The injured victim of a Melton road traffic accident should ensure that evidence in support of the claim is submitted to their solicitor. Contact details for all those involved in the accident and of witnesses should be written down at the accident scene. Photographs should be obtained of the location and damaged vehicles. A written note of the events before, during and after the accident can be useful to the solicitor dealing with the case. Any injuries need to be document by attendance before either a family doctor or a hospital within 24 hours of the accident. All estimates and invoices should be retained. A daily diary showing the recovery process can be useful especially for serious injuries.