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 motor vehicle accident and would like to speak to a Busselton car accident solicitor without further obligation, just use the helpline or send the contact form or email our offices. A Busselton car accident solicitor who deals exclusively in personal injury claims will speak to you, giving free advice 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.
When a Busselton car accident solicitor is faced with a case involving an injury accident, whether it be a worker’s injury on the job, a motor vehicle accident, a mass transit accident or a slip and fall case, the solicitor must address the issue of whether or not the accident was truly accidental. Certainly, foul play can be involved as can simple negligence.
In actuality, negligence isn't all that simple. While it has a basic definition, the issue of proving negligence has more than one part. In its simplest form, negligence can be defined as performing an action or behaviour which results in an accident and which is an action or behaviour that, given the same or similar circumstances, no reasonable person would have carried out the same action. The actual definition of a "reasonable person" can differ depending on the circumstances.
The Busselton car accident solicitor, in order to prove negligence, must demonstrate that a duty of care existed between the defendant in the case and the plaintiff. In the case of a medical mistake that caused an injury, it can be demonstrated that a duty of care existed between the healthcare provider and his or her patient. The duty of care idea involves the implication that the healthcare provider was responsible for doing only those actions in the best interests of the patient.
Secondly, the Busselton car accident solicitor must demonstrate that the duty of care was breached in the above situation. He or she must determine the standard of care provided by the vast majority of "reasonable" healthcare providers and must show that the healthcare provider who injured the patient provided substandard care when compared to his or her peers. If this can be shown, there will be a breach of the duty of care.
Thirdly, the lawyer must show that the patient or victim suffered from some type of loss as a result of the actions of the healthcare provider. Losses can involve medical bill costs incurred by the patient to treat the injury, the value of lost wages, the value of future lost wages and the value (as well as it can be determined) of things like the loss of ability to participate in the activities of daily living and the loss of ability to advance in one's career.
If all of the above can be shown then a compensation claim can be compiled by the lawyer. A compensation claim may show losses in any or all of three areas of damages, including special damages, general damages and punitive damages.
Special damages are those damages that already have a monetary value attached to them. Such damages include things like lost wages, loss of future wages, replacement or repair of personal property, medical bills and most disability costs. These are totalled and included in the claim.
General damages are those damages that do not already have a monetary value attached to them. These damages may include losses related to pain and suffering, alienation of affection, the lack of ability to participate in hobbies, and the lack of ability to advance in one's chosen career. While they lack monetary value, a money value must be assigned to them based on the victim's circumstances and the degree to which these things affected them.
Punitive damages become a part of the claim if the behaviour of the healthcare provider or other injuring party was considered to be intentional or particularly malicious or egregious. Such damages are a way plaintiffs have to punish the defendant for uncalled for behaviour.
After the claim has been compiled, the lawyer will file the claim before the statute of limitations runs out. The statute of limitations is the time limit after which the claim will not be accepted by the court system. There are few exceptions to the statute of limitations except if the victim was under 18 years of age or was mentally challenged.LAWYER HELPLINE: ☎ 1800 339 958