Broome Car Accident Solicitors - Injury Compensation Claim Lawyers

LAWYER HELPLINE: 1800 339 958

There are more than 600,000 motor vehicle collisions in Australia every year which cause over 200,000 people to be injured, of which 20,000 are critical injuries resulting in over 1,000 fatalities. There are 3 deaths every day on Australian roads and there is a serious injury every few minutes, resulting in over 100,000 claims for compensation every year. If you have been injured in a car accident and would like to speak to Broome car accident solicitors without further obligation, just use the helpline or send the contact form or email our solicitors offices. A Broome car accident solicitor who deals exclusively in personal injury claims will speak to you, giving advice at no cost and information on how best to preserve your legal right to receive compensation as a result of injuries sustained in an accident caused by the negligence of another person.

Broome Car Accident Solicitor - Negligence

Negligence is a complex legal term referring to the occurrence of an accident or injury in which a party or parties were injured and there exists another party believed to have been the source of the accident or injury. It is the purpose of the Broome car accident solicitor to take a look at the facts of the case and to see if negligence can be applied to the situation. There are several criteria that need to take place before negligence can be documented before a court of law.

A basic definition of negligence is the act of doing something that no reasonable person would do under similar or the same circumstances and the act results in harm or death to another individual or individuals. This definition, however, needs to be expanded on in order to demonstrate the presence of negligence in any compensation-based lawsuit.

The situation must involve one in which the injuring party owed the injured party a duty of care. This basically means that the injuring party carried some responsibility over the health or welfare of the injured party. One example would by that of a surgeon who owes the patient a duty of care in which the surgeon performs only those actions intended for the health of the patient on the operating table and throughout the remainder of their care.

In addition, the duty of care owed to the injured party must be considered to have been breached. In the case of the surgeon, something about the doctor's actions must be shown to be substandard and to fall below acceptable medical standards. If the doctor can back up his or her actions by current and accepted medical standards, then it is not considered negligence.

Finally, the negligent behaviour must have resulted in the occurrence of some losses on the part of the injured party. The injured party's losses can include the cost of medical care to treat the injury, the cost of lost wages or, in the case of a prolonged disability, the losses can be those incurred in not being able to fully participate in the activities of daily living.

Damages Claim

If losses and negligence are demonstrated regarding an injury situation, the Broome car accident solicitor can then add the value of the components (or losses) to a compensation claim which can be filed before the court. A good compensation claim includes the sum value of special damages, general damages and punitive damages.

Special damages are usually calculated first because they are the easiest to determine. They include the value of those losses that have an innate monetary value. For example, if a surgeon injures a patient, the special damages can involve the cost of all medical care received by the patient, the cost of lost wages, and the educated estimate of those wages that will be lost by the patient over the course of his or her disability.

General damages include more esoteric items, such as the losses sustained by pain and anguish, the lack of ability to participate in an individual's chosen hobby and alienation of affection. The lack of ability to advance in one's profession is considered as general damage. Note that these have no innate monetary value; the value must be an educated guess based on what is known about the case.

Punitive damages are not often asked for but, when they are, the monetary value can be large. These are asked for in situations where the actions of the injuring party were particularly dangerous, malicious or intentional. These involve a way for the injured party to punish the injuring party for his or her poor actions.

LAWYER HELPLINE: 1800 339 958