Albany Car Accident Solicitors - Injury Compensation Claim Lawyers

LAWYER HELPLINE: 1800 339 958

Our Albany car accident solicitors offer a no win no fee service that minimises your financial risk and can be summed up as 'win or lose no charge - compensation paid in full'. If you use our claims service there is no financial risk whatsoever and you are paid 100% of your compensation with no deductions.

If you have suffered personal injury in a vehicle collision you should consult an Albany car accident solicitor as soon as possible. In order to make a claim, the accident must have happened within the last three years and it must have been caused as a result of negligence by another person.

More than a hundred thousand road casualties are reported every year in Australia and three people die in road accidents daily. The majority of the injured in these statistics are car drivers and their passengers. pedestrians, cyclists and motorcyclists who particularly vulnerable with bikers over represented in the statistics compared to passengers in vehicles.

If you are the innocent victim of another drivers negligence, you can make a compensation claim for any personal injury that you have suffered. This means that you can take action against a negligent driver including the driver of the car you were travelling in, even if the driver was someone you know personally or is a relative.

Negligence

Negligence occurs when an act or an omission of an unreasonable nature causes another person to suffer loss. The term has been given numerous definitions, one of the most popular entailing that it is "the failure to do something that 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 take court action for compensation, the following 3 elements must be proven by an Albany car accident solicitor :-

  1. The defendant must have owed a duty of care to the claimant.

      In the case of road traffic accident claims all users of vehicles must exercise consideration for other road users whilst on the roads and the duty of care will exist almost without exception.

  2. The duty of care was breached by the defendant.

      Assuming that the duty of care does exist in the circumstances of the accident, it must also be shown that the duty of care was breached by the proposed defendant whose behaviour has to fall below a reasonably acceptable standard. This means that a conviction in the criminal court for a motoring offence is not necessary to prove negligence.

  3. Loss, Damage or injury is directly attributable to the breach of duty

      Finally it must be proved that loss; damage or injury resulted from and is directly attributable to the breach of duty. Certain losses may be considered too remote due to them being unforeseeable.

Compensation

The sums awarded for damages generally fall into two main categories, namely those where items of loss can be calculated accurately (special damages), and those items requiring a degree of assessment (general damages).

The items that are covered in most road accident compensation claims include the following :-

  • Pain and suffering caused by the injury, including long term consequences of physical damage
  • Loss of wages both up to the date of settlement and projected into the future.
  • Compensation for loss of promotion or other job opportunities.
  • Loss of a congenial job or inability to continue with such a job due to disability or continuous illness.
  • Disadvantage in the labour market due to any disability caused by the accident.
  • Inability to carry out day to day tasks or hobbies thereby reducing the enjoyment of leisure time.
  • Loss of the enjoyment of current or anticipated lifestyle.
  • Out of pocket expenses that have been incurred as a result of the illness or continuing disability.
  • Expenses for physical care both in the immediate aftermath of the accident and long term when necessary.
  • Damage to vehicle and insurance excess.
  • Vehicle hire whilst awaiting repairs.
  • Diminution in value of a repaired vehicle.
  • Interest on any losses, whether from the date of the accident or the date of the issue of legal proceedings.

Limitation

There are time limits on nearly all damage claims. The general rule is that a personal injury compensation claim must have either been settled, or proceedings must have been issued in a court of law within three years of the incident that caused the injury failing which the claim will be statute barred and the opportunity to claim compensation would be lost.

There are some qualifications to the general 3 year rule. Time only starts to run when an injury is discovered or should have been discovered with reasonable diligence. As an example, exposure to asbestos fibres can cause cancer more than 30 years later. In this case, time does not start to run from the point of exposure, but from the point of professional diagnosis. These exceptions are rare in accident cases and mainly apply to medical negligence claims and industrial disease cases.

In addition to this there are two other exceptions to consider if you want to claim after the three year rule expires.

  1. In the event that you were under 18 years old when the accident took place, the three year time period starts running from the date of your 18th birthday.

  2. Time does not run against mentally incapacitated individuals until full mental capacity is regained.

Evidence

If you have been involved in an accident it is important to ensure that you preserve evidence for car accident compensation claim purposes. You must exchange personal details with all parties involved and make a written record of events immediately after the accident. It would also be helpful if you make a note of the personal details of witnesses and take photographs of the location and damage to the vehicles.

If you have sustained an injury, you must visit a hospital or your family doctor as soon as possible to ensure that there is recorded evidence of your injury. Keep a diary of subsequent events, including the progress of your injury and keep a written record of all expenditure along with bills and invoices where appropriate.

LAWYER HELPLINE: 1800 339 958