Tens of thousands of people are injured in motor vehicle collisions in Australia every year with over 1400 fatalities nationwide. Newcastle suffers an average of one death a month due to road accidents with hundreds of very serious injuries and thousands of other minor injuries every year. Our Newcastle car accident compensation solicitors deal with personal injury claims using the no win no fee scheme. Win or lose there is no charge and compensation is paid in full. Our Newcastle car accident compensation claims do not involve any financial risk. Innocent victims of negligent drivers do have recourse to expert accident solicitors at no cost in order to get help in dealing with their personal injury compensation claims.

A Newcastle car accident solicitor can claim compensation for any personal injury including physical, emotional or mental damage that is caused by the negligence of another driver. Compensation can be claimed on behalf of pedestrians, passengers, riders and drivers even if the negligent driver is a friend or relative including spouse, parents and children. It is to your advantage to be represented by an experienced New South Wales lawyer in a personal injury compensation claim. You should not hesitate to take advice from a Newcastle car accident compensation solicitor as delaying a claim can result in denial of the claim due to time limitation rules. Our road traffic accident solicitors will represent you in a personal injury claim without any financial risk. No win no fee - win or lose no charge - compensation paid in full.

Negligence

To succeed in a personal injury compensation claim it is necessary to prove negligence against the other driver. There are several elements that define negligence in the context of an accident compensation claim. First, it has to be proven that a person had a duty to be considerate of the person making the claim. This is known as the 'duty of care' and all road users do owe each other a duty of care. The second element is that the driver did not exercise reasonable skill and care in his driving by actions such as ignoring traffic laws, driving whilst intoxicated by alcohol or drugs or any other irresponsible driving habit when compared with a 'reasonable' driver in the same situation. The third element of negligence is that the action or inaction of the alleged negligent driver directly resulted in financial loss or personal injury to the person making the claim. A driver is considered negligent so far as a personal injury compensation claim is concerned when these criteria are met.

Evidence

Evidence plays a supporting role in a personal injury claim. The quality of the evidence usually determines liability for negligence and assists the court to decide the amount of compensation the claimant should receive. Evidence is used to prove almost all of the facts of a personal injury case. Evidence may be verbal from witnesses or can be in documentary form and amongst many other things can show weather conditions, location plans, verify damage to vehicles, prove expenses that were paid or support the claimants other losses including wages and pain and suffering. It will often fill in the gaps where facts have been forgotten and will provide information and verification as needed. Evidence can take many forms including:

• Photographs of the vehicle, the scene of the accident, road conditions and physical injuries.
• A personal written statement made right after the accident before you forget can be very helpful.
• Statements made by witnesses to the accident can be used as evidence.
• A diary of the events subsequent to the accident can prove the effect of injuries.
• Medical records will provide written evidence of injury which is why it is so important to attend upon a doctor as soon as possible.

Time

Almost any claim for damages, not just for personal injury, anywhere in the world has a time limit. It is important to know the time frame, or limitation period, that applies to the location and to the particular field of law. Failure to observe this time frame can result in dismissal or denial of your claim. In Australia a personal injury claim must be settled or proceedings must have been issued in a court of law within three years of the incident failing which the opportunity to claim compensation may have been lost forever. There are exceptions for minors, the mentally incapacitated and illnesses with a long latency period that were not obvious immediately following the accident. In addition the Judge in a court of law has a wide discretion to deal with matters out of time which is very rarely exercised. This is a complex area of law and you should take advise from a Newcastle car accident compensation claim solicitor if you are in any doubt whatsoever about New South Wales limitation law.

Compensation

You may wonder how the amount of compensation awarded is determined in a personal injury claim. The exact amount of compensation awarded varies with every claim and depends on the extent of the injury, the recovery period and whether or not there are any long term consequences. Compensation awards are categorised as follows :

1. Special damages represent compensation that can be determined accurately and do not need assessment including medical care expenses, travel costs, damage to vehicles and loss of wages.
2. General damages have no specific 'price tag' and cannot be documented but rely on an assessment by a judge including items for pain, suffering, emotional distress, loss of quality of life, disadvantage on the job market and loss of congenial employment.