There are in excess of 100,000 casualties on Australia's road every year including 20,000 serious injuries and at least three fatalities every single day. Those injured include drivers, passengers, cyclists and pedestrians. Most Port Macquarie motor vehicle accidents are caused by driver negligence. Legal action for compensation for personal injury can be taken against a negligent driver whether they are a stranger, a friend or a close relative. If you are one of those who have suffered personal injury in a Port Macquarie road traffic accident because of another person's negligence, you can make a compensation claim. The accident must have happened within the last three years and it must have been caused by the negligence of the person against whom you are making the claim. Our solicitors operate the risk free no win no fee scheme and you will receive 100 percent of your compensation with no deductions. Win or lose there is no charge.

Negligence in relation to motor accidents

A claimant making a compensation claim for personal injury suffered due to a Port Macquarie car accident must show that it was due to negligence.
Here is a simple definition of 'negligence' in the context of legal action:

'doing something that is unreasonable' or 'not doing something that is reasonable' as required by specific circumstance.

A claimant in a Port Macquarie car accident compensation claim must show that the defendant owes a duty of care which was violated. Generally, anyone who uses a motor vehicle on a road in Australia has a duty of care to other road users. The claimant must then show that the duty of care was breached in so far as the defendant's behavior did not meet a reasonable standard of skill and care when compared to other prudent road users. The claimant must also show the defendant's failure to exercise reasonable skill and care directly caused the injury, loss or damage which is the subject matter of the claim.

Proof of negligence in a civil legal action for an award of damages does not require that the defendant is convicted of a motoring offence due to a moving traffic violation in the criminal courts. The standards of proof are in any event different however a criminal conviction for an offence involving carelessness will almost always be sufficient to prove negligence in a civil court.

Three-year limit for personal injury compensation claims

A Port Macquarie personal injury compensation claim must be settled or proceedings must have been issued in the court of law within three years of the accident failing which the claimant can no longer take legal action.

There are several exceptions to the three-year rule:

• in the case of mentally incapacitated victims, time starts when they have regained full mental capacity.
• time does not start to run until a victim is 18 years old
• time does not run until the injury is discovered (with reasonable diligence)
• time does not run if a Judge says it doesn't run

Importance of evidence to support claims

Preservation of evidence is of the utmost importance in any motor accident compensation claim. Aside from ensuring a contemporaneous record of injuries by attendance at a hospital or family doctor as soon as possible, potential claimants should obtain the following information:

• written record of personal details of all parties involved
• a note of events immediately before and after the accident
• contact details of witnesses
• photographs of the location as well as damage to vehicles
• written record of subsequent events (a daily diary showing progress of your injury)
• written record of all expenditures together with bills and invoices were appropriate

Common damages or losses included in personal injury compensation claims

Compensation for personal injury falls into two main categories. Special damages refer to items for which calculations can be made accurately. General damages cover items that require a degree of assessment because calculation is not straightforward. Losses that are too unpredictable or uncertain may not be covered.

Road accident compensation claims usually cover the following expenses incurred by the claimant as a result of the accident :

• expenses paid personally by the claimant to deal with the consequences of illness or continuing disability
• expenses covering the cost of physical care needed by the claimant as a result of illness or continuing disability
• damage to vehicle and the resulting expenses (including insurance excess)
• cost of vehicle rental when the damaged vehicle was being repaired
• depreciation in the value of the repaired vehicle
• interest on any losses incurred by the claimant

The following losses and consequences of the accident are also generally covered:

• pain and suffering caused by the injury
• inability to conduct daily activities including tasks as well as hobbies for the enjoyment of leisure time
• loss of income as a consequence of the accident
• loss of or missed career opportunities
• loss of enjoyment of current or expected lifestyle
• loss of a satisfying job or inability to continue working in the same job because of disability or illness
• reduced value in labour market due to factors related to the physical consequences of the accident
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