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 Frankston car accident solicitor without further obligation, just use the helpline or send the contact form or email our lawyers offices. A Frankston car accident solicitor 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 personal injury compensation as a result of injuries sustained in an accident caused by the negligence of another person.
Work-related accidents and transportation accidents occur every day in Australia. Some of these accidents are purely accidental with no particular person at fault. While this may be the norm, some accidents are the result of an individual, a company, an organization or a governmental agency.
In those cases where it is believed that there was a party that caused the accident, the Frankston car accident solicitor assigned to the victim's case must make the determination of whether or not negligence has been a part of the incident. In order to demonstrate negligence, the lawyer must show that the actions, policies or behaviour of the party that caused the accident differed in some way from the behaviour, actions or policies of another reasonable party given similar circumstances.
The lawyer must, in order to demonstrate the presence of negligence, show that a duty of care existed between the injuring party and the injured party. Having a duty of care implies that the defendant or injuring party had a responsibility to behave in ways that preserved the health and welfare of the injured party. A railroad company has the duty of care to see to it that its policies and practices preserve the health and welfare of its passengers.
The Frankston car accident solicitor must further prove that there was a breach of the duty of care regarding the accident. A breach of the duty of care implies that a certain standard of care exists in the case and that the actions or behavior of the injuring party was somehow substandard. In the case of the railroad company, the company could have had poor safety standards in place or could have had acceptable standards but did not properly put them in place. In this case the duty of care would be breached.
The lawyer for the victim needs to show that the victim suffered some type of loss or losses because of the accident. Such losses might simply mean extra doctor's bills used to treat the injury. In the extreme, losses might mean the cost of all disability care for the rest of the victim's life plus the "cost" of the victim being unable to participate in normal activities of daily living because of the incident.
In the assembly of a claim for the victim, the lawyer must classify and monetize all losses, which include losses related to special damages, general damages and punitive damages. These are totaled and the lawyer can then file the claim before a court of law.
Special damages are totaled first. These are already monetized losses including the cost of medical treatment, the cost of lost wages, an estimate of future lost wages and costs involved in repairing personal property, such as an automobile.
Non-monetary losses involve the general damages. These damages are those such as the loss of ability to advance in one's chosen profession, the loss of ability to be involved in one's favorite hobbies and losses related to alienation of affection. While these have no real monetary value, a value must be assigned to them so they can be included in the compensation award.
Punitive damages may or may not be awarded. If the actions of the injuring party are considered intentional, malicious or particularly egregious, the judge may award punitive damages as part of the award.
When the claim has been assembled, the Frankston car accident solicitor files it before a judge and, if a settlement cannot be reached out of court, a trial is held and the award's merits are judged by a judge or jury. The lawyer must file the claim before the statute of limitations runs out. Exceptions to the statute of limitations can be made in cases where the victim is mentally challenged or under the age of 18.LAWYER HELPLINE: ☎ 1800 339 958