Each year more than 100,000 individuals suffer from injuries caused by car accidents. This figure includes in excess of 20,000 serious injuries and well over 100 fatalities. Most of those casualties are car drivers or passengers however the most seriously injured category consists of cyclist, motorcycle riders and pedestrians who are vulnerable and relatively unprotected in a vehicle collision.

Those who have been injured in a Shepparton Mooroopna car accident can claim compensation against a negligent driver. It doesn't matter if it was your own driver who was negligent and you can claim against friends or close relatives if they drove negligently - it's the insurers who pay. There are time limits and you should contact a solicitor as soon as possible. Our Shepparton Mooroopna car accident compensation solicitors deal with personal injury claims using the no win no fee scheme. Win or lose there is no charge. Compensation is paid in full. If you would like to speak to a solicitor with no charge and no further obligation just call the helpline or email our offices.

Negligence

The most common definition 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.'

To make a successful claim for compensation for personal injury following a Shepparton Mooroopna car accident it is necessary to prove three elements :-

• The victim must show that they are owed a duty of care by the negligent driver. By law all road users owe all other road users a duty of care to drive in a reasonable manner.
• The victim must prove that the duty of care has been breached by showing that the drive did not show a reasonable degree of skill and care when compared to other prudent road users.
• The victim must prove that the accident actually caused the injuries

It's important to note that a conviction in a Shepparton Mooroopna criminal court for a moving traffic offence is not necessary to show negligence in a car accident, however if there is such a criminal conviction it does usually help to establish negligence in a civil claim.

Compensation

The financial award in a Shepparton Mooroopna car accident compensation claim is divided into 2 main categories being 'general damages' which cannot be mathematically calculated and must be assessed by a judge and 'special damages' which can be accurately calculated and proven by estimates, receipts or invoices. Compensation in car accident claims usually include :-

• Lost salary, wages & income both past & estimated in the future.
• Pain and suffering from personal injury caused by the accident.
• Lost opportunity for promotion and loss of projected salary increases.
• Loss of opportunity on the job market due to an illness, injury or disability.
• Being disadvantaged in the job market due to on-going disability.
• Reduced ability to carry out daily activities including hobbies.
• Having to adapt to a change in lifestyle.
• Care costs, medical expenses and prescription charges.
• Repair costs to property including vehicle damage and insurance excess.
• Car rental charges for the period your car was of the road.
• Reduction of value following repair of your damaged car.
• General expenses.
• Interest

Time Limits

Shepparton Mooroopna car accident compensation claims have time limits. A personal injury claim must be settled or proceedings must have been issued in a court of law within three years of the collision failing which the opportunity to claim compensation may have been lost forever. There are exceptions to the general rule and time does not run :-

• against minors until they attain the age of 18 years
• against those who are mentally disabled until full mental capacity has returned
• until the injury is discovered - with reasonable diligence
• if a judge stays time

Evidence

Anyone who suffers personal injury in a car accident should be able to support the legal case with indisputable evidence. Immediately after you have been involved in the car accident you should try to get all other drivers and witnesses contact information. Write down what happened in the accident as soon as possible. Take photographs of the accident location, of the damaged vehicles and of your injuries. Keep good documentation of your hospital visits and retain all invoices and bills. Ensure that you attend a hospital or family doctor within 24 hours of the accident occurring in order to document the injury. Your full medical record will be used as evidence. Keep a daily diary outlining your injuries and recovery until you are well.