A Cessnock car accident solicitors job is to look at the facts of an injury or accident case and decide whether or not the facts of the case support some kind of negligence. Negligence must be demonstrated before a compensation claim can be filed before the court system. Negligence is an important part of any compensation court case because it reveals some interesting legal facts about the case.
Simply put, negligence occurs in an injury or accident case whenever the injury-causing person behaved in such a manner as to be unlike that of what a reasonable person would do. Negligence can be on the part of a single individual, a corporation, an organization or a governmental agency and negligence can be an obvious action or an inappropriate policy that results in an injury or accident.
When the facts of the case are determined, the lawyer must demonstrate that a duty of care existed between the two parties. In the case of an airline accident, the airline company has a duty of care to act in ways which result in the safe transportation of its passengers.
Additionally, the Cessnock car accident solicitor must demonstrate that a breach of the duty of care existed regarding the injury-causing party and that this breach of the duty of care caused the victim to become injured. Regarding the airline company, a breach of the duty of care would exist if the airline company had substandard safety practices or had acceptable practices but did not follow through on those practices. The concept of substandard actions is vital to the idea of "breach of duty".
If an accident or injury situation occurred and the victim suffered no real loss, then negligence doesn't mean anything and no compensation claim can be filed. Victims losses in an injury accident can involve medical bills to be paid, lost wages, loss of future wages, the cost to fix a car or even the value of the loss of the ability to engage in one's hobbies. The Cessnock car accident solicitor must find the value of all of the losses and combine them to form a compensation claim.
A compensation claim consists of three major portions: 1) special damages, 2) general damages, and 3) punitive damages. Special damages involve a simple case of mathematics because these types of damages already have an innate money value. They include damages related to lost wages, future lost wages (an estimated value), medical bills and bills related to repair of vehicles or other damaged items.
General damages have no innate money value and are thus more difficult to determine in a monetary way. Pain and suffering, alienation of affection, the loss of ability to advance in one's career and the losses sustained in being unable to enjoy one's hobbies or participate in one's normal daily activities are all considered general damages. The value of these items varies from case to case and from person to person.
Punitive damages are those damages meant to punish the injury-causing person's bad actions. If it is believed that the actions of the party that caused the injury or accident were particularly egregious, intentional or malicious, then punitive damages can be asked for by the personal injury solicitor. The amount of money is usually purely arbitrary.
A completed compensation claim can be submitted to a court of law and a lawsuit can be filed. Sometimes, the participating solicitors can attempt to settle the claim in an out of court settlement; however, if this is not possible, the case is sent to court for a trial and the claim will be judged by a judge or a jury.
The Cessnock car accident solicitor must respect the statute of limitations regarding the case. Any claim filed after the statute of limitations will be invalid unless the injured party was under 18 or mentally disabled at the time of the incident.
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 Cessnock car accident solicitor without further obligation, just use the helpline or send the contact form or email our offices. A lawyer 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.LAWYER HELPLINE: ☎ 1800 339 958