Tens of thousands of people in Australia are involved in motor vehicle accidents every year. At least three lives are lost every day because of car accidents. Many of the casualties are either the drivers or passengers of cars or motorcycles. Other victims include bicycle riders and people walking on the streets. Most accidents occur because of negligence by a driver who may be held liable to pay compensation for personal injury and loss regardless of his or her relationship with the victim. If you have suffered injuries within the last three years as a result of a Wagga Wagga car accident that was not your fault, you may be able to claim compensation for personal injury. If you were involved in a Wagga Wagga motor vehicle collision you should seek legal advice from a solicitor as soon as possible. Our car accident compensation solicitors use the risk free no win no fee scheme, compensation is paid in full and win or lose there is no charge.

What is negligence?

There are many definitions of negligence including :-

'Negligence is the he 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.'

In order to prove negligence there are three requirements :-

1. Establish that the defendant owes a duty of care to the claimant. This requirement is easily satisfied as by law all road users owe all other road users a duty of care.
2. Show that the defendant breached the duty of care by failing to reach a reasonable standard of skill & care when compared to other prudent road users.
3. Prove that the act which was in breach of the duty of care directly caused the injury and loss that is the subject matter of the claim.

What losses are covered by a personal injury compensation claim for a Wagga Wagga car accident?

Damages awarded in a Wagga Wagga car accident compensation claim are divided into two distinct categories being special damages and general damages. Special damages refer to compensation for items that can be accurately calculated. General damages refer to compensation for items that cannot be calculated on a mathematical basis and will need to be assessed by a judge after hearing representation from lawyers for both sides.

For most Wagga Wagga car accident claims awards may include compensation for the following items :-

• pain and suffering
• inability to conduct daily activities including tasks as well as hobbies for the enjoyment of leisure time
• loss of income as a short or long term consequence of the accident
• loss of or missed career opportunities
• loss of enjoyment of current or expected lifestyle
• loss of a good job or inability to continue working in the same job because of disability or illness
• reduction in open labour market value because of factors related to physical injury
• expenses paid personally by the claimant
• expenses covering the cost of physical care that became necessary because of illness or continuing disability
• damage to vehicle and insurance excess
• cost of vehicle rental while awaiting repairs
• reduction in the value of a repaired vehicle
• interest on any losses

What should be preserved as evidence to support a personal injury compensation claim?

Preservation of evidence to support claims for personal injury compensation is very important. You need to get as much personal information as you can about the people involved including the witnesses and have a written record of events before, during and after the accident. You must have evidence of your injury from the hospital or doctor who treated your injuries. You must also have photographs of the damage to the vehicle and the location of the incident. Make sure to keep all records such as bills and invoices of all expenses incurred.

What is the three-year rule for personal injury compensation claims?

Wagga Wagga personal injury compensation claims, like other damage claims, are subject to a three-year time limit. Settlement of the claim or issuance of the proceedings in the court of law should be within three years of the incident that resulted to injury. If the time limit has been exceeded, the claim is said to be statute barred and no longer subject for legal action.

Start date of the three-year period is upon discovery of the injury or the date when it should have been discovered with reasonable diligence. This means that it starts when professional diagnosis was given if it was not obvious immediately following the accident.

For mentally incapacitated victims of Wagga Wagga motor accidents, there is no such limit until they get back their full mental capacity.

Time does not run against minors until they reach the age of 18 years.