Canberra Car Accident Solicitors - Injury Compensation Claim Lawyers

LAWYER HELPLINE: 1800 339 958

Have you been hurt in a road accident in ACT and were you wondering whether you should instruct a Canberra car accident solicitor to act on your behalf? Understand that you are not alone in this respect since thousands of people are injured in motor vehicle accidents in Canberra every year which also sustains several fatalities each and every month. Perhaps getting some information about the motor vehicle accident compensation claim process can help you to decide whether it is the right thing for you to do. Personal injury obviously includes physical damage to your body but it also includes emotional damage to your mind including stress related illnesses such as post-traumatic stress disorder and other long term issues of mental trauma. If you have suffered physically or mentally as a result of a motor vehicle accident that wasn't your fault, it may be a good idea to speak with a Canberra car accident solicitor with a view to making a personal injury claim.

There are two common misconceptions about making a personal injury compensation claim as a result of a motor vehicle collision. Since most motor accident compensation claims are made against negligent drivers in other vehicles, many people wrongly believe that a claim cannot be made against the negligent driver of a car in which they were a passenger. It is possible to take legal action against a negligent driver in a car in which you were a passenger even if the driver is closely related to you including a spouse, parent or child. The second misconception is that no Canberra car accident compensation claim solicitor will take your personal injury case unless you pay money up front for them to get started. Again, this is not correct. Our Canberra car accident solicitors specialise in personal injury cases arising as a result of motor vehicle collisions and we do not ask clients to pay upfront or to put their personal finances at risk as a condition of taking their case. Our Canberra car accident compensation claim solicitors offer the no win no fee scheme, win or lose there is no charge whatsoever and compensation is paid in full with no deductions.

Canberra Car Accident Solictors and personal injury compensation lawyers in Australia

Proving Negligence

The topic of negligent behaviour of a driver, relating to a road traffic accident, can be a difficult subject however our Canberra car accident solicitors know all about the complexities of proving negligence. Our ACT lawyers understand that there are several initiatives that make up the whole definition of what negligence means in the context of a motor vehicle collision. Proving negligence to support a personal injury compensation claim requires demonstration of the following items :

  1. It is necessary to show that there exists a 'duty of care' which means that the allegedly negligent driver had a responsibility to the victim. This standard is easy to prove in car accident cases, since by law all road users have a duty of care to all other road users.
  2. It is thereafter necessary to show that there has been a breach of the duty of care. A driver is negligent if they fail to achieve a reasonable degree of skill and care when compared to other drivers in the same or a similar situation.
  3. It must then be shown that the act of negligence directly caused personal injury and loss.

Time Limits

A personal injury claim must be settled or proceedings must be issued in a court of law within the time limit of the jurisdiction in which the accident occurred. In Australia the limitation period for a personal injury compensation claim is generally three years however there are exceptions to the rule for minors in which case time does not start to run until the 18th birthday and for those with mental illness where time doers not start to run until full capacity is regained. ACT judges also have a wide, but rarely exercised discretion to alter and amend time limits, if it is just and equitable to do so.

Evidence Preservation

Evidence is crucial in proving the negligence of the driver and determining the compensation you should be awarded. Naturally, there is no way to know ahead of time that an accident will happen. But if you are an unfortunate victim of a negligent driver, make every effort to document as much information as you possibly can. Write down everything you can remember about the accident as soon as possible. Take photographs of the scene, the damaged vehicles and your injuries. Exchange contact information with the other drivers and witnesses to the accident. Always go to the hospital or your own doctor immediately after an accident and keep all relevant receipts. Remember, any evidence you can provide helps you to get the compensation you deserve to get your life back on track.

Compensation Awards

An award of compensation is intended to restore a victim back to the condition they were in before the accident which is of course clearly impossible. In a personal injury compensation claim damages awards include a sum for pain, suffering, emotional distress, loss of wages, loss of lifestyle, disadvantage on the job marker, loss of congenial employment, medical expenses, general expenses and any other losses that are thought to be reasonable by the presiding judge. Special damages represent compensation for items that can be calculated accurately and general damages represents compensation that must be assessed by a judge. Interest may be added at different rates to both special damages and to general damages. Awards for pain and suffering are based on the extent of the injury, recovery time and whether there are any long term disabilities.

LAWYER HELPLINE: 1800 339 958