There are tens of thousands of serious injuries caused by road accidents in Australia every year in addition to an annual average of over 1400 fatalities. Wollongong car accident compensation claim solicitors deal with hundreds of motor vehicle accident compensation claims each month and on average one person dies each month on Wollongong roads. Most of the injured which includes drivers, riders, passengers and pedestrians are the innocent victims of negligent drivers. It only takes one moment for your whole life to change because of a motor vehicle collision and if you have suffered injury because of driver negligence you should consider starting a personal injury compensation claim. Don't delay starting your claim based upon false information - please bear in mind that the following scenarios are also acceptable :
The true facts are that a Wollongong car accident compensation claim solicitor can start legal action against any negligent driver, whether the driver is in another vehicle or driving the vehicle in which you are a passenger. If you are injured you can sue any negligent driver involved and this includes relatives and friends. Wives frequently sue husbands and vice versa with the insurers picking up the bill. Children and family who are passengers can sue their relative who is driving with no problem. If blame is apportioned to more than one of the drivers involved in the collision then all of them can be sued and their insurers apportion liability and pay up accordingly.
While there are lawyers that charge enormous up front retainers, our solicitors do not charge our clients one cent. We operate the no win no fee scheme. Win or lose there is no charge and compensation is paid in full.
A Wollongong car accident compensation claim solicitor must prove driver negligence in order to succeed in a personal injury claim. There are three general rules, or elements necessary to establish negligence. The first element is usually referred to as duty of care. What this means is that it is understood that people owe it to others to behave responsibly. In the case of a car accident, this means that the driver is expected (as are all drivers) to exercise reasonable caution for the protection of other drivers. By law all road users owe all other road users a duty of care. The second element of negligence that must be met is that the negligent driver has breached, or violated, the duty of care by failing to exercise a reasonable degree of skill and care when compared with other reasonable drivers in the same or a similar situation. The final element to negligence is proof that the violation of the care of duty directly resulted in personal injury.
It would be unfair if a court case was decided just on oral testimony. Memories fade over time and things can be confusing in the excitement of a traumatic event such as a car accident. Written evidence is important because it serves to provide documentation and validation for oral statements given as testimony. Written evidence may be considered along with testimony to decide if all of the elements of negligence are met and what amount of compensation should be awarded. Documentary evidence can be gathered at the scene of the accident while the event is fresh in the minds of everyone involved. Information such as the weather conditions, events preceding the accident, the circumstances of the collision, contact information for the other driver and any witnesses can be jotted down. Since most people now carry smart phones with cameras and video capabilities, getting pictures or videos of the scene as well as damage to the vehicle and injuries is straightforward. After the accident, be sure to go to the hospital or your doctor in order that a contemporaneous record of your injuries and treatment can be presented to the court as written evidence of the injury in due course.
When you consider starting a Wollongong car accident compensation claim, your solicitor may speak to you about the limitation period. The lawyer is referring to the time limit after the accident that you are allowed for a personal injury claim to be issued in a court of law. This time limit for personal injury in Australia is three years which means that a car accident compensation claim must be either settled or proceedings must have been issued in a court of law within three years of the accident failing which the action will become time barred and the opportunity to claim compensation for personal injury will have been lost forever. Judges have a wide discretion to alter and amend time limits which is rarely exercised and there are exceptions to the rules that govern the time allowed to issue legal proceedings in a court of law including :
In the event you and your Wollongong car accident compensation claim solicitor have successfully presented evidence and proven negligence, you will have won your case and you will be awarded financial compensation for your injuries, losses and expenses. The award of damages falls into two categories known as special damages and general damages. Special damages represent compensation for items that can be calculated accurately including wages loss and general damages represent compensation for items that require an assessment by a judge including a sum for pain and suffering. The award for pain, suffering and emotional trauma depends on the extent of the injury, the recovery period and whether or not there are any long term consequences or disabilities.