Joondalup Car Accident Solicitors - Personal Injury Compensation Claim lawyers

LAWYER HELPLINE: 1800 339 958

If you have been injured in a motor vehicle accident and would like to speak to Joondalup car accident solicitors without further obligation, just use the helpline or send the contact form or email our lawyers offices. A Joondalup car accident lawyer 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.

Joondalup Car Accident Solicitors - Negligence

Whenever an individual sustains an injury in an accident, he or she needs to hire a personal injury solicitor to see if the accident was caused by the negligence of others. It is therefore the task of the personal injury solicitor to examine the various facts of the case and determine whether or not the case involved negligence. Only then can a compensation award be asked for and awarded.

Joondalup car accident solicitors must apply the concept of negligence, which is when an event occurs that involves a person or persons doing an action or behaviour that injures others and which is one that no reasonable person would ever do in the same or similar circumstances.

In reality, the proof of negligence requires that a duty of care exist between the injuring party and the injured person. This is the case as in when an airline company operates. An airline company has the duty of care to act in ways that secure the health and welfare of its flying passengers. In a similar way, a doctor has the duty of care to act in ways that do not harm the patient and in ways that are intended to keep the patient healthy.

The Joondalup car accident solicitor must also show that the duty of care was breached with regard to the incident. The implication is that something in the actions or behaviour of the injuring party was substandard. A doctor who practices medicine in a substandard way and injures a patient is said to have breached the standard of care.

Before compensation can be awarded, the personal injury solicitor must demonstrate that losses were incurred by the victim in the case. Losses might include things such as medical bills, lost wages, loss of future wages and losses incurred by disability (long or short-term). Losses can be tangible or intangible in nature.

When all is in order, the lawyers claim can be created by totalling the sum of the general damages, special damages and punitive damages. General damages are relatively intangible because the lack a monetary value. They include things such as pain and suffering, losses from being unable to advance in one's career and losses incurred from being unable to participate in one's favorite hobbies.

Special damages are tangible because they already have a monetary value. Damages that have monetary value and are thus special damages include medical bills, bills used to replace or repair personal property and certain costs related to disability. The solicitor needs only to determine the monetary value of these and related items, and they are included in the claim.

Sometimes punitive damages are asked for and awarded. These are damages awarded when the behaviour of the injuring party was especially malicious, egregious and intentional in nature. Punitive damages are awarded when the Plaintiff wishes to punish the injuring party for behaviour that was considered in poor form.

When the various aspects of the compensation claim are assembled, the claim is then filed in a court of law. Sometimes the lawyers for all parties get together in an attempt to settle the case out of court. If there is an unsatisfactory outcome of the talks, the case goes to trial. In the trial the validity of the claim is considered by a judge, with an injury award decided upon.

The lawyer must also remember to respect the statute of limitations regarding the civil case. The statute of limitations is the time in which the Plaintiff's solicitor must file the claim. After that period of time, the claim is denied.

LAWYER HELPLINE: 1800 339 958