Car Accident Compensation Solicitors - Personal Injury Claim Lawyers

LAWYER HELPLINE: 1800 339 958

Our car accident compensation solicitors provide a level of excellence which takes commitment, substantial investment and constant training. Our lawyers offer the no win no fee scheme and will give advice at no cost and without any further obligation. If you feel you may have a potential compensation claim and would like to speak with a specialist car accident compensation solicitor without any charge or further obligation, simply call the helpline, complete and submit the contact form or email our lawyers offices. You can be sure that each and every one of our car accident compensation solicitors is committed to helping you and your family to get the financial reward that you deserve. Our personal injury solicitors operate under the no win no fee system and you can rest assured knowing that there will be no fees or expenses to pay as the case proceeds and no payment upfront will be required for obtaining medical reports or any other documents pertinent to your case. Rapid Solicitors operate from offices in Adelaide, Canberra, Melbourne and Perth and will be pleased to give advice at no cost to establish whether or not you have a viable personal injury compensation claim. Do yourself justice – contact Rapid Solicitors without delay.

A motor accident can be a traumatic event for anyone involved. In addition to physical injuries, the event can be mentally upsetting. It is not only the driver or passengers of the innocent party’s vehicle that are eligible to make a compensation claim. You may have a legal claim to damages as a passenger of the driver at fault for the accident, a passenger in any of the vehicles involved or a pedestrian injured at the scene. Most drivers are insured and if they are at fault, it is their insurance company that will settle the compensation claim and pay out the damages to which the victim is entitled.


Experienced Lawyers

Car accident compensation claims solicitors can often settle this type of legal action outside of court, as it is often obvious who is responsible for the accident and the responsible party is usually ready to accept liability for the incident. In a situation where there is dispute as to where the blame lies, you may find yourself in even more urgent need of a solicitor to ensure that your rights are properly protected. Working with a car accident compensation claim solicitor provides you with the best chance of receiving full and fair compensation for your injuries.



Car accident compensation solictors in Australia

Compensation Awards

Damages for which you may be owed compensation include :-

  • loss of income, both present and future
  • costs associated with the repair of your vehicle
  • diminished value of your vehicle even after repair
  • pain and suffering, both physical and emotional
  • loss of amenity or decreased ability to function and enjoy life
  • medical expenses, including expenses already paid as well as future expenses
  • any other related losses and expenses

The purpose of accident compensation is to put the victim back into the position that they would have been in had the accident not occurred. This represents an attempt by the victim to recover the quality of life enjoyed before the accident by way of monetary damages. Money however is inevitably going to be an inadequate method of compensating for pain and suffering, stress, emotional discomfort and psychological illness.

    Special Damages

    One of the basic elements of a of motor accident compensation claim is for a solicitor to look at any actual financial losses that may have been caused by the accident. Theses exactly quantifiable items which do not rely on an assessment are called “special damages” and include the following :-

    • Items of specific loss which are usually proved with written estimates, invoices or bills.
    • Loss of earnings is a crucial and often very valuable element of damages if the victim’s injuries will prevent return to work temporarily or permanently.
    • Medical expenses which are not covered by the NHS.
    • Cost of services which includes the cost of hiring a professional caregiver but also applies if the friends and family of the victim were in attendance.
    • Expenses stemming from the cost that emerged from living with the disability or injury including special equipment or handicapped facilities of any deescription.

    General Damages

    Another basic element of a car accident compensation claim claimed by a solicitor is called “general damages” which represents compensation for items that are difficult to calculate and are thus estimated by a solicitor or assessed on a case by case basis. These include :-

    • Pain and suffering of the injury itself including psychological difficulties.
    • Loss of amenity which represents loss of the enjoyment of everyday pleasures including pastimes and hobbies.
    • Handicap on the labour market that may lower the victim’s ability to earn.
    • Inability to return to any pre-accident occupation.
    • Loss of pension.
    • Loss of use of motor vehicle.

    Interest

    There are also several other categories in a motor accident compensation claim that tend to be sub categories of the two above and may have elements of both special damages and general damages. This will include some parts of certain future losses that are based on figures available now but projected by the claimants compensation solicitor into the future. In addition there is an interest element to consider which is awarded by the court at different rates and for different periods dependent on the actual item of damages being considered.



Injury Compensation Solicitor in Australia

Pain & Suffering

The most controversial aspect of most car accident compensation claim settlements revolves around the award of damages for pain and suffering the assessment of which is a fine art. The basis for an award in this category relates to consideration of previously decided cases that are adjusted and updated to fit the circumstances of the injury being considered. Judges have access to all court of appeal records and temper this information with their own experience of many years in a court of law. A decision is made by the Judge following representations made by both sides solicitors

Other Losses

If you’ve been involved in a collision on the road and you know that you are not the one at fault or were only partially to blame you can make a motor accident compensation claim that will pay compensation for the pain and suffering of any personal injury and will also cover all losses and expenses incurred directly as a result of the third party drivers negligence.

Vehicle Repairs & Excess

Provided that any personal injury is of a relatively minor nature the first thing that should be considered with regards to a motor accident compensation claim settlement is to have repairs done to your vehicle as soon as possible. If you have comprehensive car insurance cover then your insurers will handle the matter and the amount that you will have to recover from the third party will be limited to your insurance excess however your insurers may also instruct your compensation solicitor to claim for the cost of any repairs that they carried out under the indemnity of your fully comprehensive policy.

Evidence Preservation

A motor accident compensation claim not only covers a personal injury claim but also involves recovery of all expenses and losses incurred both up to the date of settlement and also anticipated in the future and to this end you must make sure that you keep the receipts for any kind of payment that you may make. If you have only third party insurance then your solicitor will have to make a claim against the other driver for all expenses involving the repair or replacement of your vehicle.

Hire Car & Diminution of Value

Your car accident compensation claim solicitor will be able give advice on all aspects of making a motor accident compensation claim from the repair of your vehicle to getting a hire car while the repairs are being carried out and on whether or not your vehicle’s value will decrease because of the accident. A repaired vehicle suffers a value diminution when compared to a car in original condition. Your lawyer will hire the services of an engineer in order to gather evidence of whether or not this type of claim can be sustained. If, for whatever reason, you have not been able to get a courtesy car while your car is being repaired then your solicitor will also help you in claiming the cost of a similar hire car.



Compensation Lawyers in Australia

Fair Deal

Getting the services and advice of a solicitor is definitely required if you want to ensure that you get a fair deal in a motor accident compensation claim. Remember that an insurance companies responsibilities lie with the shareholders who expect maximum profits. Without representation you may be offered and tempted to accept a substantially lower offer than you might receive if represented by a specialist lawyer.

Medical Reports

Before settlement of your claim you will have to be examined by a medical consultant who will then make an appropriate report that will indicate the nature and the extent of your injuries. This report will also contain his prognosis for your recovery. Upon receiving this report, your lawyer will then have a better foundation for making an accurate assessment of the value of your motor accident compensation claim. He will do this by comparing the report to other reports that have resulted in compensation being paid and then give you advice on the value of your claim.

LAWYER HELPLINE: 1800 339 958


The author of the substantive medical writing on this website is Dr. Christine Traxler MD whose biography can be read here