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 Dandenong car accident solicitor without further obligation, just use the helpline or send the contact form or email our offices. A Dandenong car accident 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.
Incidents of negligence take place every day and we are quick to call an individual who caused an injury accident negligent. Yet there are several components to negligence that make it more difficult to legally call someone negligent and file a lawsuit against them. It is therefore up to the personal injury solicitor to establish the facts of the case and to create an argument for or against the act of negligence.
Legal journals generally define "negligence" as the act of doing something that causes an injury or death in another individual or individuals and the act is considered to be something that no reasonable person would do, given the same or similar circumstances. A Dandendong car accident solicitor must, of course, make the determination of what a reasonable person would do and must show a deviation from that.
Negligence can apply to an individual person, such as might occur in a motor vehicle accident. It can also apply to an organization, a corporation or even a government agency. When talking about the negligence of an entity rather than a single person, the negligent actions of one or a few persons in the entity are generally applied to the entity as a whole.
In order to demonstrate negligence, the Dandenong car accident solicitor must show that a duty of care existed between a person or entity and the injured person(s). In the case of a worker's injury accident, the employing company has the duty of care to have safety practices in place that protect the employee from injury.
Another aspect of negligence involves the entity having a breach of the duty of care. With regard to the worker's injury above, a breach of the duty of care can be shown if the company's safety standards were found to be substandard or if the company had good safety standards but failed to follow through with them regarding their actions. The breach of the standard of care implies something substandard about an entity's behaviour or actions.
If all criteria for negligence are met but the injured party has no personal losses, then no claim can be awarded. Losses need to be demonstrated, including those sustained in pain and suffering, lost wages, medical treatment costs, loss of ability to advance in one's career and disability costs. The losses can be monetary or they can be non-monetary, in which case they need to somehow be monetized.
When the person who suffered the personal injury files a lawsuit against the entity that caused the accident, he or she must compile the components of the compensation claim. Such a claim must consist of the total sum of specific damages, general damages and punitive damages.
In tallying specific damages, the Dandenong car accident solicitor needs to take a look at those losses that have an innate monetary value. This can include lost wages, medical costs, disability costs, lost future wages and losses related to the repair or replacement of personal property belonging to the victim.
In tallying general damages, the solicitor must estimate the value of things like losses due to pain and suffering, losses due to being unable to advance in one's career and losses related to the inability to participate in personal activities, such as favourite hobbies. These things have no innate value except as they apply to the person who has lost them.
Punitive damages are not necessarily awarded and are included in the claim only if the actions or behaviour of the entity considered to be negligent was considered to be malicious or intentional in nature. These damages, then, are sort of a punishment for the entity's negligent and otherwise bad behaviour.
When the claim is fully compiled, it is filed in a court of law. If an out of court settlement can't be reached prior to trial, then a trial is held in which a judge assesses the value of the award.LAWYER HELPLINE: ☎ 1800 339 958