Fatal Car Accident Solicitor - Injury Compensation Claim Lawyers

LAWYER HELPLINE: 1800 339 958

If you have lost a loved one in a fatal accident you may be entitled to compensation for wrongful death. Contact our fatal car accident solicitors today for legal advice at no cost about a compensation claim. You will speak directly with a qualified and experienced solicitor who will review your potential wrongful death claim at no charge. We can explain the claims process, assess the chances of success and answer all of your questions. There is no charge for this consultation, even if you decide not to go forward with your claim. Our solicitors usually deal with fatal accident compensation claims for wrongful death on a no win no charge basis. You pay your solicitor nothing if your claim is unsuccessful. You will not be responsible for financing the claims process and there are absolutely no upfront costs. Our fatal car accident solicitors can help with the following matters :-

  • assistance and legal representation in the Coroners hearing
  • guidance in dealing with police enquiries
  • recovering interim compensation for funeral and other immediate expenses
  • advising on a fatal injury compensation claim
  • advising family members and dependants on legal rights
  • advice on financial and emotional support facilities

If the other driver or his insurers admit liability, then you should receive compensation at an early stage. If however, the other driver denies liability, then your car accident solicitor must ensure that your compensation claim proceeds to a court hearing as soon as possible. If an accident is partially the fault of both drivers, as is often the case, then liability can still be established on the basis of 'contributory negligence' and a partial award will be paid dependent on the degree of responsibility for the accident attributed to either side.

  1. Our fatal car accident solicitors will provide you with legal advice on your rights and entitlements to compensation with no further obligation.

  2. Our lawyers are specialists with extensive experience in negotiating, settling and litigating accident compensation claims.

  3. If you decide to instruct any of our lawyers to obtain compensation for you, they will act on a no win no fee basis. Compensation is paid in full and win or lose there is no charge.

A motor accident that causes the fatal injury of a loved one is often a life changing event for the family who may have relied on the deceased to provide income and financial support for relatives or dependants. Our personal injury solicitors specialise in motor accidents and deal with fatal injury compensation claims on behalf of drivers, passengers, cyclists and pedestrians on a no win pay basis. Our fatal car accident solicitors offer free legal advice for potential road traffic accident claimants including dependants of a deceased person without further obligation. Just make contact and one of our lawyers will review your information and telephone to advise you on the chances of success of a compensation claim and its potential value.

If your injury or the fatal injury of a loved one was caused by the negligence of another driver, you are entitled to bring a car accident compensation claim. The key to receiving fair compensation in a serious injury case is proving the extent of the injury, the financial losses and the long-term effects of the injury. In the case of fatal accident compensation claims it is necessary to prove the extent of financial assistance provided by the deceased immediately prior to death to any dependants. Our fatal accident solicitors deal with cases on a no win no fee basis which means that they only get paid if you get paid. You do not have to fund or finance your fatal accident compensation claim as it proceeds.

Compensation claims for fatal accidents or catastrophic injuries call for the legal services of a solicitor with specialised knowledge. Our fatal car accident solicitors have extensive experience and are qualified to handle these complex cases. If the accident occurred as a result of negligence by a third party then our specialist lawyers can help you to assert your legal rights and get the compensation you deserve. 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.

Fatal Car Accident

Car accidents are the most common cause of serious, catastrophic and fatal injuries in Australia. Motor vehicle collisions causing death are particularly devastating as in most cases a fatal accident is caused by a 3rd party’s negligence that could have been avoided. If you or a loved one has incurred serious, catastrophic or fatal injuries in a car accident caused by someone else's negligence, you may have a legal claim for substantial compensation. Our specialist personal injury solicitors only handle car accident compensation claims for serious, catastrophic and fatal injuries and do not deal with minor ailments resulting from motor vehicle collisions.

Individuals between the ages of 15 to 24 and those over the age of 80 represent the two age groups with the highest number of fatal injuries related to motor vehicle collisions. Tragically, for children aged 5 to 9, the most common car-related fatal injuries are due to being struck by a vehicle while a pedestrian.

If your loved one has died as a result of fatal injuries caused by someone else's' negligence, contact our fatal injury solicitors today. Our lawyers specialise in dealing with car accident compensation claims. For legal advice at no cost simply call the helpline or complete the contact form or email our law offices. There is absolutely no charge for the consultation and you are under no further obligation to proceed with a claim.

Negligence

In a personal injury case, your car accident solicitor must prove liability and damages. Before an award of damages is made, your lawyer must prove that the defendant is legally responsible for your injuries and loss. Negligence is the failure to take reasonable care. Negligence is assessed against what a reasonable person would have done under the same or similar circumstances. When considering a personal injury claim the court will examine the factual circumstances and assess whether there has been negligence on the part of the defendant.

Responsibility or liability for the injury of another person means :-

  • one person owed another a duty of care
  • that person breached that duty of care
  • the breach of duty caused an injury
  • that loss resulted from the breach in duty.

If you are the innocent victim of a collision you should notify the police and call for an ambulance if anyone is hurt. Try to record everything at the scene, including details of the accident, identification of the drivers and vehicles involved and contact details of any witnesses. Do not accept blame at the scene of the accident. Do not accept money. Do not agree to forget about the accident.

Compensation

It is a common misconception that victims of vehicle collisions do not need lawyers. Until a car accident solicitor is retained, the insurance company knows that the person they are dealing with is not legally trained, is not familiar with damages awards and is not usually able to take the case to court. They are therefore unlikely to offer fair compensation in negotiations.

Compensation in a car accident claim is payable for almost all financial losses and damages can be awarded for pain and suffering, long term disabilities or death. Compensation can also be claimed for a recognised psychiatric illness including depression and post-traumatic stress disorder. In the case of a death within a family, surviving family members who are dependant on the deceased can recover damages to cover financial support.

If you have suffered a personal injury our car accident solicitors can help you with a claim for compensation if you were :-

  • injured as a result of another persons negligent driving
  • injured as a result of a defective road.
  • injured as a result of negligence by a pedestrian or cyclist.

You may be entitled to compensation for:

  • injuries and disabilities
  • pain and suffering
  • psychological damage
  • loss of income if you are unable to work
  • cost of gratuitous domestic assistance by family members
  • damage to your car and personal property
  • out-of-pocket expenses

Compensation for Wrongful Death

The deceased's claim comprises of compensation for injuries, emotional distress and physical pain. If the victim's death was instantaneous or the victim did not regain consciousness there is usually minimal compensation for pain and suffering. Damages may also be awarded for other reasonably incurred financial losses, calculated from the date of the injury to the date of death, as well as funeral expenses.

The dependents of a deceased person whose death was caused by a wrongful act or by the negligence or default of a third party can also claim compensation. Damages may be awarded for the contribution that the deceased made to the family income together with damages representing the value of services provided by the victim, such as home repair, childcare or domestic assistance.

Attributing Blame

In most jurisdictions in order to succeed in a fatal injury compensation claim it is necessary to show that another driver was wholly or partially to blame for causing the accident. This involves the concept of negligence whereby a fatal injury solicitor must be proved that the 3rd party driver has acted in a way that no reasonable person faced with the same circumstances would have dealt with the situation. In some jurisdictions there is a non-fault compensation scheme in operation and it is not necessary to prove negligence.

Contributory Negligence

It is possible to succeed in a fatal injury compensation claim even when the deceased is partially responsible for causing the accident. This is known as the doctrine of contributory negligence whereby blame for causing an accident is attributed to the parties involved on a percentage basis. The effect of this is that any sums awarded by way of compensation are reduced by the percentage of blame attributed to the deceased.

Coroners Inquest

A Coroners Inquest is a court hearing appertaining to a fatal accident. It is usually carried out in the case of sudden death or death with an unknown cause. A Coroners Court does not attribute blame for the cause of death, it sole purpose being to establish how, when and where death occurred. The hearing before the Coroner takes place in a court of law and the usual rules of evidence apply. Witnesses may be called and the family or dependants of the deceased may be represented by a fatal injury solicitor. The usual verdicts relate to accident or misadventure with an alternative open verdict where a cause is not established. The verdict of a Coroners Inquest can have profound financial effects for family and dependants i.e. a verdict of suicide will preclude payment of most insurance polices to potential or named beneficiaries. In many situations, it is to the advantage of potential dependants to be legally represented by a fatal injury solicitor in order to ensure that sufficient evidence is put forward to help prevent a detrimental, erroneous verdict that might otherwise preclude the ultimate payment of damages from a negligent third party.

Evidence

If you are involved in a car accident :-

  • Write down the personal details of those involved.
  • Make a note of the date and time of the accident
  • Record the street address and city.
  • Make a note of the weather and road conditions.
  • Record the registration number, make and model of all vehicles.
  • Obtain the name and contact details of witnesses.
  • Obtain officers name, badge number and contact details.
  • Attend a doctor or hospital for treatment.
  • document and photograph all injuries.

Time Limits

Generally, you have only 3 years from the date of the accident within which to make a claim. Failure to make a claim within this time period may result in you being legally prevented from claiming compensation. There are exceptions to this general rule. It is important to consult with a car accident solicitor as soon as possible to understand your rights if you believe you have been negligently injured in a car accident.

Catastrophic Injury

Catastrophic injury is a term that describes a severe injury requiring extensive medical treatment. Catastrophic injury is not limited to physical disability and can result in impairment of speech, reasoning and cognitive ability. Dependant on the nature and extent of the injury, one or more major bodily functions can also be disrupted including respiration, circulation and the gastrointestinal system. Examples of catastrophic injuries include :-

  • spinal cord injuries
  • traumatic brain injuries
  • amputations
  • severe & extensive burns
  • multiple fractures
  • loss of sight

Injuries sustained in motor vehicle collisions including head-on collisions, rear-end collisions, side-impact collisions or roll-over collisions can be extremely serious considering the nature of the impact and the forces that may be involved. Multiple impacts and multiple injuries including trauma to the head, neck, chest, spine, pelvis and abdominal areas are not uncommon. Catastrophic injuries such as brain damage, paraplegia or quadriplegia may be devastating for the individual (not just physically, but emotionally) and extremely difficult for family and friends to deal with especially if they are faced with the responsibility of having to care for their injured loved-one on a long-term basis.

Catastrophic injuries are characterized in part by lengthy recovery periods and the need for long term medical treatment and care. These injuries tend to be of a complex nature, requiring the expertise of a wide range of specialists. In addition to the physical complications of a catastrophic injury, there are emotional needs and comprehensive treatment may be expanded to include therapy, counselling and possible psychiatric care. The most serious catastrophic injuries can result in permanent disabilities however in many cases full recovery is possible. It is however often the case that short term or long term care is required and a car accident compensation claim solicitor can help you explore the possibility of legal action to cover the cost of past expenditure or the cost of ongoing care and other potential future losses and expenses.

LAWYER HELPLINE: 1800 339 958