If you have been injured in a motor vehicle collision and would like to speak to a Horsham car accident solicitor without further obligation, just use the helpline or send the contact form or email our lawyers offices. A Horsham car accident solicitor who deals exclusively in personal injury claims will speak to you, giving advice at no cost 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.
In cases of medical injuries, motor vehicle accidents or work-related accidents, there is sometimes the need for a personal injury solicitor to take a careful look at the facts of the case in order to determine if there was negligence on the part of the injuring person or persons. While individuals can be negligent, so can businesses, companies, organizations, and government agencies.
In its most basic form, negligence can be stated as doing an action that, given the same or similar set of circumstances, no reasonable person would have done. The concept of "reasonable person"no reasonable person would have done. The concept of "reasonable person" is universal although there can be some regional and occupational differences depending on the case.
In proving negligence, the Horsham car accident solicitor needs to demonstrate the ways in which a duty of care existed between the person or entity which caused the injury and the injured party. In the case of a medical injury, the doctor has a duty of care to perform medical procedures and to make medical decisions that keep the patient as healthy as is possible. In motor vehicle accidents, each driver on the road has the duty of care to drive in ways that do not injure other motorists.
In proving negligence further, the Horsham car accident solicitor needs to demonstrate the ways in which the duty of care was breached. Breaching the duty of care involves the implication that the actions or behaviour of the injuring party were substandard when compared to standards generally considered acceptable for the situation and the individuals involved. The doctor who breaches the duty of care has substandard care when compared to other doctors with the same training and experience.
When negligence has been shown, the Horsham car accident solicitor must show that the injured party sustained a certain amount of losses. Losses can be related to pain and suffering, lost wages, medical bills or losses related to a prolonged disability. The losses can be tabulated and can be compiled into a compensation claim.
When a claim is compiled, it consists of three separate parts: general damages, special damages and punitive damages. General damages are challenging because a monetary value must be placed on non-monetary things like pain and suffering, loss of ability to advance in one's career and the losses sustained in being unable to participate in one's favorite hobbies.
Special damages are much simpler to determine. These include things that are lost by the injured party which already have a monetary value. These include losses related to medical bills, lost wages and loss of future wages. Losses related to repairing or replacing personal property also fall under the category of special damages.
Punitive damages may be awarded and are asked for in a claim whenever the injuring party's actions were especially egregious, intentional in nature or malicious. They represent a form of punishment for someone who behaved especially poorly.
When a negligence claim has been properly assembled, it is filed before a court of law by the Plaintiff's solicitor. The participating solicitors may decide to settle the claim among themselves in an out of court settlement. If an out of court settlement cannot be reached in a timely manner, the case will likely go to trial and will be decided upon by a judge.
As with all civil cases, a negligence case must be filed within the time frame specified by the statute of limitations. The statute of limitations is the time in which a solicitor has to file a compensation claim. Claims filed after this time will not be honored except in situations where the victim was mentally disabled or was under the age of 18. In addition, the statute of limitations begins upon the actual discovery of the injury and not necessarily from the time of the incident.LAWYER HELPLINE: ☎ 1800 339 958