Ballarat Car Accident Solicitors - Victoria Compensation Claim Lawyers

LAWYER HELPLINE: 1800 339 958

Ballarat car accident solicitors deal with damages claims for personal injury on behalf of the victims of negligent drivers. It matters not if that it is the driver of the victim's car who was negligent nor that the negligent driver was a friend or close relative. If you have been injured as a result of inadequate driving skill by any driver be it a spouse, child or parent we can still make a compensation claim and in every case it will be the insurers who pay the damages award. Our Ballarat car accident solicitors deal with matters using the no win no fee scheme and you do not have to fund or finance your claim which is totally risk free. Our Ballarat car accident compensation claim solicitors ask for no upfront fees and win or lose there is no charge. Compensation is paid in full with no deductions.

Driver Negligence

To receive an award of damages in a personal injury compensation claim it is necessary for a Ballarat car accident solicitor to show that the other driver was negligent. Negligence indicates that a person did not act reasonably when compared to others who face the same situation. Proving negligence in a personal injury claim requires that the claimant show that the other driver met all of the requirements of negligence which are the existence of a duty to care, violation of that duty and personal injury directly caused by the breach. The duty of care exists by law as all road users have a duty of care to all other road users. Violation of the duty of care is proven by comparing the negligent driver's actions to that of a reasonable driver in the same or a similar situation. The negligent driver's actions must then be directly linked to the injury.

Assembling Evidence

Evidence is extremely important in a personal injury compensation claim. You should make a written note of the circumstances of the incident as soon as possible. You should exchange personal details with any other drivers involved in the accident and you should take the contact details of any witnesses. It is advisable to photograph the location immediately as layouts can change and to take photographs of the damage to the vehicles and other property. You should attend your own family doctor or hospital within 24 hours as the medical record will be used to prove the extent of your injury in due course. All receipts should be retained and a daily diary about the recovery from injury may be useful to your Ballarat car accident solicitor. All documentary evidence should be handed over to your lawyer at an early stage.

Time Limitation

Personal injury compensation claims in Australia are subject to time limits. The basic rule is that a personal injury compensation claim must be settled or legal proceedings must have been issued in a court of law within three years of the accident failing which the claim becomes statute barred and the opportunity to claim compensation is lost forever. There are exceptions to this general rule for minors in which case time does not run until the 18th birthday, for the mentally incapacitated where time does not run until full mental capacity is regained and for injuries that are not immediately obvious where time only runs following a positive diagnosis. In addition the judge in a case has a wide discretion to alter or amend time limits but this discretion is very rarely exercised. Limitation matters can be complex legal issues and if there is any doubt you should take urgent advice from a Ballarat car accident solicitor.

Compensation Awards

How are the amounts of compensation determined? Damages are arranged into two broad categories called special damages and general damages. Special damages represent compensation for items that can be calculate with a degree of mathematical accuracy and include loss of wages, cost of repairs to property including vehicles and general expenses. General damages are based upon an assessment of value by a judge which includes pain, suffering, change of lifestyle, loss of congenial employment, disadvantage on the job market etc. The value of pain and suffering, is determined after consideration of the extent of the injury, the time taken for recovery and whether or not there are any long term consequences.

LAWYER HELPLINE: 1800 339 958