Gladstone Car Accident Solicitors - Personal Injury Compensation Claim Lawyers

LAWYER HELPLINE: 1800 339 958

If you are a victim of another driver's negligence, you can instruct a Gladstone car accident solicitor to claim for any personal injury that you might have suffered. This means that your lawyer can take action against the driver of the car in which you were travelling, even if the driver was a relative or friend.

If you have suffered personal injury in a vehicle collision, you should consult a Gladstone car accident solicitor as soon as possible. In order for a lawyer to make a motor accident compensation claim, the accident must have occurred within the last three years and have been caused as a result of negligence by another person.

Our Gladstone car accident solicitors offer a no win no fee service, with no financial risk and can be summarised as 'win or lose, no charge - compensation paid in full'. If you use our Gladstone car accident solicitors, there is no financial risk and you are paid 100% of your compensation with no deductions.

Negligence

Negligence occurs when a person's acts or omissions cause another to suffer loss and has been given numerous definitions. One of the most often quoted definitions is 'The failure to do something which a reasonable person, guided by ordinary considerations would do; or the doing of something which a reasonable and prudent person would not do.'

In order to take court action for a Gladstone car accident compensation claim, it is necessary for the potential claimant to show that the following elements existed :-

  1. The defendant must have owed a duty of care to the claimant. In the case of road traffic accident claims, all users of vehicles must exercise consideration for other road users. The duty of care will exist almost without exception.

  2. Assuming that the duty of care does exist in the particular circumstances of the accident; it must also be shown that the duty of care was breached by the proposed defendant whose behaviour must have fallen below a reasonably acceptable standard.

  3. It must be proven that loss, damage or injury resulted from and is directly attributable to the breach of duty. Certain losses may, however, be considered to be remote, due to these losses being unforeseen.

Compensation

The amounts awarded for damages in a car accident compensation claim generally fall into two main categories as follows :-

  • Items of loss can be calculated accurately known as 'special damages'.
  • Items where a strict mathematical calculation is not possible, which require a degree of assessment and are known as 'general damages'.

Overall the items that are covered in most car accident compensation claims include the following :-

  • pain and suffering caused by the injury, including long term consequences of the physical damage
  • loss of wages, both up to the date of settlement and projected into the future
  • compensation for loss of promotion or other job opportunities
  • loss of a congenial job or inability to continue with such a job due to disability or continuing illness
  • disadvantage in the labour market due to factors related to any disability caused by the accident
  • inability to carry out day-to-day tasks or hobbies, thereby reducing the enjoyment of leisure time
  • loss of the enjoyment of current lifestyle or anticipated lifestyle
  • out-of-pocket expenses that have been incurred as a result of the illness or continuing disability
  • expenses for physical care both in the immediate aftermath of the accident and long term when necessary
  • damage to vehicle and insurance excess
  • vehicle hire whilst awaiting repairs
  • diminution in value of a repaired vehicle
  • interest on any losses either from the date of the accident or the date of issue of legal proceedings

Time Limits

There are time limits on almost all claims for damages. The general rule is that a car accident compensation claim must have either been settled or proceedings must have been issued in a court of law within three years of the incident that caused the injury, failing which the claim will be statute barred and the opportunity to claim compensation will generally have been lost forever.

There are some exceptions to the general 3 year rule. Time-calculation only starts when an injury is discovered or should have been discovered with reasonable diligence.

There are other exceptions including :-

  • In the event that you were under 18 years old when the accident took place, then the three year time period starts from the date of your 18th birthday.
  • The 3 year rule does not apply to those who are mentally incapacitated but it does start when the person regains full mental capacity.

Evidence

If you have been involved in a collision in Gladstone, it is important to ensure that you gather and preserve evidence to hand over to your Gladstone car accident solicitor:-

  • immediately following the accident you should exchange personal details with all parties involved
  • immediately make a written record of the events preceding and following the accident
  • you should make a note of the personal details of witnesses
  • take photographs of the location and damage to vehicles
  • keep a diary of subsequent events including the progress of your injury
  • keep a record of all expenditure together with bills and invoices
  • if you have been injured, you should visit a hospital or doctor as soon as possible to ensure that there is recorded evidence of your injury

LAWYER HELPLINE: 1800 339 958