SYDNEY CAR ACCIDENT COMPENSATION CLAIM SOLICITORS - MOTOR VEHICLE LAWYERS



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A car accident often causes damage to more than just vehicles. Tens of thousands of people in Australia receive bodily injury in car accidents through no fault of their own every year. Personal injury means damage to the body or to the mind and its emotions. Those injured include pedestrians, passengers, riders and drivers of other motor vehicles. Are you among the many thousands of people who have suffered personal injury as a result of a Sydney car accident that have not yet received compensation?

If you have been involved in a motor vehicle accident you should be able to make a car accident compensation claim for injuries caused by the negligence of another driver. It is to your advantage to get accurate legal advice from a qualified Sydney car accident compensation claim solicitor as soon as possible. There are certain criteria that must be met in a personal injury compensation claim. These include compliance with the statute of limitations and proof of negligence. A solicitor who specialises in personal injury claims can help you to navigate these legal issues and any others that may arise. If you are hesitant to pursue a Sydney car accident compensation claim because you think you can't afford it, contact our offices. Our personal injury solicitors use the no win no fee scheme. Just call our helpline so that we can assist you with your accident compensation claim with no financial risk to you whatsoever. Win or lose there is no charge. Compensation is paid in full.

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What is Negligence?

One of the elements that must be proven in a personal injury claim is negligence. In its most basic sense, negligence occurs if someone acts irresponsibly or fails to act in a responsible way and the result is that someone else suffers personal injury or financial loss. However negligence law also requires an element called the duty of care which implies that in most circumstances reasonable people are expected to be considerate of others in most normal situations. As an example all road users owe each other a duty of care to drive properly without causing risk of injury, damage or loss to each other. All doctors owe a duty of care to their patients etc.

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Time Limit Information

The limitation period is the common name for the time period in which legal action, such as a claim for personal injury compensation must be taken, failing which it will become statute barred and the opportunity to claim compensation may be lost forever. It is also referred to as the time limit, which in many jurisdictions varies depending on location and the type of case. It is important for you to know about the limitation period applicable to your Sydney car accident compensation claim and the consequences of either not settling or not issuing legal proceedings in a court of law before the time limit ends.

Claims for compensation for personal injury in Australia generally have a three year limitation period. This time begins with the incident that resulted in the injury or at the time that the injury was first discovered. Failure to issue legal proceedings within that time can result in permanent loss of opportunity to receive compensation. There are exceptions to the general rule:

  • The limitations period may begin when the injury is discovered as opposed to the date of the accident.
  • If the injured person is a minor, the limitation period starts to run when the child turns 18 years old.
  • Time does not run against those who have a mental disability until such time as full capacity is regained.

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Compensation in a Personal Injury Claim

In a Sydney car accident compensation claim, damages are awarded to the victim who has suffered loss or injury in an attempt to put that person back into the position that they would have been in had the accident not occurred. There are two primary categories of financial award called damages. Special damages represent compensation where it is possible to calculate the exact amount of the loss. General damages represent compensation where it is not possible to calculate the amount of the loss on a mathematical basis and the award requires a degree of assessment. Compensation that may be awarded includes damages for pain and suffering, loss of current and future wages, out of pocket expenses, loss of quality of life and value or repair costs of the vehicle.

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Evidence in a Personal Injury Claim

In any compensation claim, evidence is needed to prove the case. In a personal injury claim, evidence is used to determine negligence and to decide whether compensation should be awarded and if so, what the amount should be. There are a few things you may want to remember in the event you are involved in a motor vehicle accident. Try to preserve evidence relevant to your case:

  • Immediately following an accident it is important to obtain the identity of the other individuals that are directly involved and any witnesses. This information should be written down immediately.
  • Make a written record of the events that occurred before, during and after the incident.
  • Obtain photographs of the location of the accident and damage to the vehicles involved.
  • If you are injured see a doctor as soon as possible after the accident. You should either go the hospital or see your family doctor without delay.

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