Geelong Car Accident Solicitors - Personal Injury Compensation Claim Lawyers

LAWYER HELPLINE: 1800 339 958

Tens of thousands of people in Australia suffer serious injuries as a result of driver negligence every year. Most of those injured are innocent victims including passengers in cars, bicycle riders, motorcyclists and pedestrians. Just one irresponsible action can cause untold damage to the victim and to their families. If you have been hurt in a road traffic accident in Geelong you should consider starting a claim for compensation for your injuries. Our Geelong car accident solicitors are able to take legal action against any negligent driver who causes personal injury including close family members or the driver of the car in which a victim was travelling or multiple drivers involved in the accident who all may have been negligent and who may all have effectively contributed to the injury. It is not unusual for a wife to sue a husband (or vice versa) or for children to sue a parent, as it is usually an insurance company that picks up the tab and pays all personal injury damages and expenses. Our Geelong car accident solicitors deal with personal injury claims using the no win no fee scheme. Win or lose there is no charge and compensation is paid in full.

Negligence

Negligence on the part of the 3rd party driver has to be proven in order to make a successful personal injury compensation claim. In its simplest terms negligence is a failure to act in a manner that a reasonable person would under similar circumstances. In legal action for compensation for personal injury involving negligence there are certain common elements that must be proven by a Geelong car accident solicitor to justify an award of damages. For a person to be considered negligent in a motor vehicle accident claim, the claimant has to prove the following three items :

  1. That the negligent driver owed the victim a "duty of care". This is straightforward as by law all road users owe a duty of care to all other road users.
  2. That there was a breach of the duty of care as evidenced by the negligent driver failing to reach a reasonable degree of skill and care which is judged by comparing the negligent driver with other reasonable drivers in the same or similar circumstances.
  3. That the victim suffered personal injury and loss as a direct result of the negligent drivers actions.

Compensation

A successful personal injury claim ends with the victim being compensated for their injuries. Compensation is divided into two main categories known as special damages and general damages. Special damages represents compensation for items that can be valued accurately such as wages loss and general damages represents compensation for items that require assessment by a judge such as "pain & suffering". The value of the actual injury is determined after consideration of the extent of the injury, the length of the recovery period and whether or not there is any residual injury or ongoing disability. If the matter goers to court yoru Geelong car accident solicitor makes representations to the judge prior too determination of a final figure.

Evidence

Evidence in a personal injury case is a key element in proving negligence and thereafter to assist in the determination of how much compensation should be awarded to the injured party. Victims can obtain evidence immediately following an accident by writing down as much information about the incident as possible while it is fresh in the mind and that document can be used as evidence later on in the process. When an accident occurs, be sure to exchange contact information with other drivers and eyewitnesses. Take a photograph of the accident location, the road condition and damage to the vehicles. Visit a doctor or a hospital immediately after the incident in order to have your injuries documented and that record will be used as evidence in the assessment of the award of damages. Keep a detailed diary of expenses and medical progress until the trial date.

Time

There is a time limit in personal injury compensation claims known as the limitation period. This means that claims must either be settled or a summons must have been issued within three years of the incident failing which the opportunity to claim compensation may have been lost forever. There are some exceptions to this general rule for minors for whom time does not start to run until the 18th birthday and for the mentally disabled for whom time does not run until full capacity is achieved. There are other exceptions. Limitation is a complex legal issue and if you are in any doubt about time limits you should seek urgent advice from a Geelong car accident solicitor.

LAWYER HELPLINE: 1800 339 958