Over 100,000 people are injured in car accidents in Australia every year. Of that number there are about 20,000 serious injuries and over 100 fatalities. Most of those injured are drivers and passengers however there is a significant number of pedestrians, cyclists and motorcycle riders who suffer disproportionately serious injuries due to the fact that they are vulnerable and unprotected compared to the occupants of most 4 wheel motor vehicles.
If you have been injured in a motor vehicle collision in Orange it can be difficult to pursue a car accident compensation claim on your own. Experienced professionals are often needed to make the most out of a personal injury case. Our solicitors use the no win no fee scheme. Compensation is paid in full with no deductions. Win or lose there is no charge. We do not earn a legal fee unless we win your case and that legal fee is paid for by the other sides insurance company and not by you.
If your case meets certain standards then you can pursue a car accident compensation claim for a collision occurring in Orange. There are two important components to a successful personal injury claim. You must be the victim of another person's negligence and the injury must have occurred within the last three years.
Was your injury caused by another person's negligence? Negligence can be defined as “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.” To obtain a financial settlement against a negligent driver as a result of a collision in Orange, you must prove that they owed you a duty of care and that they violated that duty of care which directly caused injury and loss.
All drivers have a duty of care to other drivers on the road, which means drivers must exercise consideration when operating their vehicles. Breach of that duty of care, by driving that falls below a reasonable standard when compared with other prudent drivers, that causes personal injury and loss constitutes an act of negligence. If you are the victim of such an act of negligence in an Orange motor vehicle collision, you can pursue a car accident compensation claim for personal injury and loss.
Did your injury occur within the past three years? There is a three year deadline on most personal injury claims. This means that by the three year anniversary of your accident, you must have either reached a financial settlement or you must have issued legal proceedings in a court of law. If not, you will not be able to pursue a claim.
There are some exceptions to this three year deadline. If a child was injured in an accident, the time limit ends three years after the child turns 18. For a person who is mentally incapacitated, the limitation period does not expire until three years after they have regained full mental capacity. In some instances, the three years do not begin to count until an injury or illness is diagnosed by a professional.
If your case meets these criteria, what kinds of things can you be compensated for? There are two categories of damages for which you can obtain a monetary reward. The first is called “special damages,” which represents compensation that can be accurately calculated based on actual monetary loss including loss of wages and damage to vehicles. General damages can be described as compensation for losses that require a degree of assessment including pain and suffering.
What is the best way to help your solicitor obtain the maximum amount of compensation for your injury claim? One of the most important things you can do is help collect evidence for your case. This begins as soon as the accident occurs. It is important to obtain the name and contact information of the other driver and any witnesses. Document the damage to your vehicle by taking photographs. Note the location of the accident, take photographs and write down how it occurred as soon as possible.
If you are injured, you need to seek medical treatment right away. The medical records created by the hospital or your physician are another form of evidence. These records document the extent of the injury and will be used to assess the financial award for pain and suffering.