Bendigo Car Accident Solicitors - Injury Compensation Claim Lawyers

LAWYER HELPLINE: 1800 339 958

There are tens of thousands of motor vehicle accidents annually in Australia which result in serious personal injury including an average of over 1400 fatalities each and every year. Our Bendigo car accident solicitors deal with compensation claims using the no win no fee scheme. You do not have to fund or finance your risk free claim in any respect. Our lawyers deal with all classes of compensation claims including actions against negligent relatives who were driving the vehicle in which you may have been a passenger. Our Bendigo car accident solicitors can take legal action against negligent 3rd party drivers, spouses, parents and children who may have caused injury. It should be noted that in almost every case it is the insurers who will settle the claim. No win no fee - win or lose no charge - compensation paid in full.

Evidence

In any court case evidence is a key element in supporting the alleged facts of a case and so it is in a Bendigo car accident compensation claim. Evidence takes many forms, the most common of which is testamentary evidence given in person by the parties to the action and by independent lay witnesses. In addition there are expert witnesses and written evidence which includes contemporaneous notes, records and reports. It is advisable to ensure that you exchange details with the other parties immediately after the accident and that you make a note of the contact information for any potential witnesses. You should make a written note of the circumstances of the accident and take photographs of the location and of the damage to vehicles. It is advisable to seek medical help from a GP or hospital as soon as possible as that record will support a claim for pain and suffering. It is advisable to keep a daily diary noting progress of recovery from the injury and to retain invoices etc.

Time Limits

The time limit for a Bendigo car accident compensation claims is three years which means that a claim must be settled or legal proceedings must have been issued in a court of law within three years of the event. There are exceptions for minors and those who are mentally disabled. In addition time does not run until a hidden injury is confirmed and judges also have a wide discretion to alter or amend the time limits.

Negligence Basics

In a Bendigo car accident claim the victim must prove that the driver was negligent which means that the driver did not exercise reasonable skill and care when compared to other drivers in the same situation. The three elements of negligence as they relate to motor vehicle accidents are:

  1. The driver must owe the victim a 'duty of care'[by law all road users owe each other a duty of care].
  2. The driver must have breached the duty of care by failing to exercise a reasonable degree of skill and care.
  3. The injuries to the victim must be directly caused by the breach of duty to care.

Damages Awards

If you have successfully proven that the negligent act of another driver resulted in bodily or mental harm, you will most likely be awarded compensation. In each case the total amount of the compensation will be different, dependent on personal circumstances and the extent of the injury. The compensation you receive will be designated as special damages and general damages. Special damages represent compensation for items that can be calculated accurately such as loss of wages, damage to property including vehicles and expenses. General damages represents compensation for items that must be assessed by a judge which includes pain, suffering, loss of lifestyle, loss of congenial employment, disadvantage on the job market and a host of other appropriate assessed losses. The award for pain and suffering is dependent on the extent of the injury, the recovery period and long term disabilities.

LAWYER HELPLINE: 1800 339 958