Bunbury Car Accident Solicitors - Injury Compensation Claim Lawyers

LAWYER HELPLINE: 1800 339 958

Each year in Australia there are over 100,000 casualties including over 20,000 serious injuries in road traffic accidents with 3 or 4 fatalities every day. The majority of those suffering personal injury include the person driving the car or their passengers, however there is also a sizeable number of injured cyclists, pedestrians and motorcyclists who often suffer the most severe injuries due to their relatively unprotected vulnerability.

If you have been involved in a Bunbury car accident and have suffered an injury because of another driver's negligence you may be entitled to compensation for your injury. The accident must have taken place within the last three years and the driver involved must have been negligent. Our Bunbury car accident solicitors operate the no win no fee scheme and compensation is paid in full. Win or lose there is no charge. For advice with no charge and without obligation on risk free compensation claims just call the helpline or email our solicitors offices. Our Bunbury car accident solicitors will give you their advice on the prospects of your personal injury compensation claim, will advise on liability and will assess the amount of compensation that you might expect to receive.

Negligence

The definition most often quoted for the meaning of the word 'negligence' is :-

  • 'The failure to do something which a reasonable person, guided by ordinary considerations would do; or the doing of something which a reasonable and prudent person would not do.'

To prove negligence in a Bunbury car accident solicitor must establish three things :-

  1. the defendant must owe the claimant a duty of care. By law all road users owe all other road users a duty of care to drive in such a way that does not cause accidents.
  2. It must be shown that the duty of care has been breached by establishing that the defendant drove without the skill and care to be expected of a reasonable driver.
  3. Thereafter it must be shown that the injuries claimed are a direct result of the accident

It is not necessary for there to be a conviction for a moving traffic offence in a criminal court in order to succeed in a civil case for negligence claiming damages for personal injury and loss in a car accident compensation claim.

Compensation

Damages awarded by a court of law in a Bunbury car accident compensation claim fall into 2 major categories being 'special damages' which can be accurately calculated and 'general damages' which need to be assessed by a judge. Typical awards may include the following elements :-

  • pain and suffering
  • loss of salary both past and estimated for the future
  • disadvantage on the job market due to continuing disability
  • reduced ability to carry out daily tasks, hobbies and other activities
  • forced change of lifestyle and subsequent loss of enjoyment
  • medical expenses including care costs - past & future
  • damage to property including vehicles and insurance excess
  • car rental charges during repair period
  • decrease in value of repaired car
  • interest

Time Limits

All personal injury compensation claims are subject to time limits. A claim must have been settled by payment of damages or a summons must have been issued in a court of law within three years of the accident failing which the opportunity to claim compensation may have been lost forever subject to some exceptional circumstances :-

  • the 3 year time period only starts running after the 18th birthday
  • time does not run against a mentally disabled person until full mental capacity is regained
  • time does not start to run until the injury is discovered
  • the judge in the case has a discretion to alter time limits

Evidence

Make sure that if you were injured in a Bunbury car accident that you will be able to support your case with evidence. Immediately after the accident you should get the personal information and contact details of all the parties involved in the accident including other drivers and potential witnesses. You should also make a written record of the events as soon as possible. Take photographs of the location and of damage to the vehicles. You should attend a hospital or family doctor for treatment which will provide a contemporaneous record of your injury to be used to assess the pain and suffering element of an award of damages. All estimates, bills and invoices relevant to property damage should be retained.

LAWYER HELPLINE: 1800 339 958