PERTH CAR ACCIDENT SOLICITORS - PERSONAL INJURY COMPENSATION CLAIMS


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The legal definition of personal injury is damage to a person’s body, mind or emotions. A personal injury compensation claim arises when an individual suffers physical or emotional damage because another person who owed a duty of care, was negligent and failed to act reasonably. This can be due to negligence or reckless actions or a failure to act in a reasonable manner by commission or omission. Our Perth car accident solicitors deal with injuries caused as a result of motor vehicle collisions involving pedestrians, passengers, riders and drivers who have been injured by a negligent 3rd party.

Some people mistakenly think that they cannot make a motor accident compensation claim against the driver of the vehicle in which they are a passenger however a personal injury claim can be made against the driver of another car or the driver of the car in which you were riding, even if the driver is a friend or relative. If you are a passenger and you are injured in a motor vehicle collision you cannot be responsible for the accident which must have been caused by the negligence of either your own driver or another driver and in either or both cases you can claim compensation against one or another or both drivers.

Our Perth car accident solicitors specialise in helping people who are injured because of the negligent driving of someone else. And although many motor accident lawyers require some type of payment up front, our solicitors offer a no win no fee service to their clients. This means that they do not charge you or make you risk your own finances. You will be paid the full amount of the compensation you are awarded when you win your case. No win no fee – win or lose no charge – compensation paid in full.

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Evidence

Evidence is used as proof of the alleged facts in a Perth car accident compensation claim. Evidence takes many forms and usually influences the outcome of the case. In a motor vehicle accident compensation claim the evidence should verify what happened thereby documenting the behavior of a negligent driver. Our personal injury solicitors recommend obtaining as much evidence as possible in the event of a motor vehicle collision. It is suggested that you immediately document everything you can. Write down what you can remember as soon as possible about how the accident happened, exchange contact information with the other driver and all potential witnesses and obtain photographs of the accident scene and the damaged vehicles.

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Negligence

To claim compensation for personal injury in a Perth car accident compensation claim it is necessary to show that physical or emotional damage occurred because of the other driver’s negligence which means that it must be proven that the other person had a duty to act in a responsible manner towards the inured person. Negligence requires that one driver owes another a duty of care which is the case for all road users and that the driver failed to use a reasonable degree of skill and care when compared to other road users in the same or a similar situation. This means that if another driver behaves in an irrational or irresponsible manner, such as being under the influence of alcohol or drugs or just plain bad driving or recklessness as to danger to other road users, then that driver can be accused of negligence and sued in the event of loss or damage being caused to another road user as a direct result of that negligence.

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Compensation

Just how is the amount of compensation in a personal injury claim determined? There are two basic categories of damages which special damages and general damages. Special damages is compensation for items that can be calculated accurately which includes documented losses such as property replacement, general expenses and lost wages. General damages refers to compensation for items that must be assessed which includes the financial sum awarded for the injuries known as ‘pain and suffering’ and damages for reduced quality of life, loss of congenial employment and disadvantage on the open job market. The basic difference between the two types of damages is that special damages are based on actual calculated costs and general damages are based upon an assessment of the value of the damages to the victim.

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Limitation

There are time limits for personal injury compensation claims in Australia. In general terms if a Perth car accident solicitors compensation claim is not settled or legal proceedings have not been issued in a court of law within three years of the accident or within three years of a hidden injury being diagnosed then the opportunity to claim compensation may have been lost forever. Limitation is a complex legal issue and advice on exceptions to the general rules should be obtained from a qualified solicitor in the relevant jurisdiction. Those exceptions mentioned may include the following :-

  • time does not run until the claimants 18th birthday
  • time does not run against those with a mental disability until full capacity has returned
  • time does not run until an injury becomes obvious
  • time does not run if the judge says it doesn’t

LEGAL HELPLINE 1800 339 958