Kalgoorlie Boulder Car Accident Solicitors - Personal Injury Compensation Claim Lawyers WA

LAWYER HELPLINE: 1800 339 958


If you were a victim in a road accident in Kalgoorlie Boulder, you have the right to make a car accident compensation claim. Bear in mind that if you were a passenger in the car and the reckless driver was a friend, a family member or someone very close to you then you still have the right to instruct a Kalgoorlie Boulder car accident solicitor to claim compensation against the driver.

Should you decide to pursue a car accident compensation claim, bear in mind that the claim has to be either settled within 3 years or a Kalgoorlie Boulder car accident solicitor must issue legal proceedings in a court of law within 3 years, failing which the proposed legal action will become statute barred.

If you are looking for affordable and effective accident lawyers, you don't have to look further. Our specialist personal injury solicitors offer a 'No Win No Fee' service. Our Kalgoorlie Boulder car accident solicitors guarantee that your claim is risk free and that your compensation will be paid out in full with no deductions.

Negligence

There are more than 100,000 casualties caused by motor vehicle accidents reported every year in Australia. At least 3 people die in car accidents due to driver negligence every day. Most of the people who are injured in these accidents are the drivers and passengers however some of the most serious injuries are suffered by pedestrians, cyclists and motor bike riders who are vulnerable because of a relative lack of protection in a collision due to driver negligence.

Negligence occurs when an act or omission causes someone else to suffer damage or loss. Numerous definitions have been allocated to the term however the main concept behind the idea of negligence is quoted as follows :-

  • '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.'

a Kalgoorlie Boulder car accident solicitor must comply with 3 requirements to prove negligence in compensation claim :-

  1. The defendant must owe a duty of care to the claimant.
    All drivers by law must exercise consideration for other drivers on the road and the duty of care between road users does exist almost without exception.

  2. The duty of care was breached by the defendant.
    The defendant's behaviour must fall beneath a reasonable standard when compared with a prudent driver.

  3. Loss or damage is directly attributable to the breach of duty.
    It must be proven that the loss or damage can be attributed directly to the breach of the duty of care. Some losses may be considered to be too distant due to being unforeseeable.

Compensation Awards

Kalgoorlie Boulder car accident solicitors categorise accident compensation damages into two types: -

  • Special Damages - Items of damage that can be estimated precisely

  • General Damages - Items of damage that require an assessment

The items claimable by a Kalgoorlie Boulder car accident solicitor include the following :-

  • pain & suffering caused by injury (including long term bodily consequences)
  • loss of earnings (both up to the date and estimated into the future)
  • recompense for loss of advancement (or other job opportunities)
  • loss of a congenial occupation due to disability or on-going illness
  • shortcoming in the labour market as a result of any disability caused by the mishap
  • incapability to carry out normal tasks, resultant in a decline of relaxation time
  • loss of the pleasure of present or future lifestyle
  • payments that have to be made due to the illness or on-going disability
  • expenses for physical care (immediately after the accident and long term)
  • damage to vehicle and insurance excess
  • vehicle rent whilst awaiting repairs
  • decrease in value of a vehicle that has been repaired
  • interest on compensation award

Limitation Period

There are time restrictions applicable to all damage claims. The overall regulation is that a personal injury compensation claim must have either been settled or proceedings must have been issued in a court of law within 3 years of the incident that caused the injury. If the 3 years had already passed then the claim will be barred and the opportunity to claim compensation lost.

There are some qualifications to the general 3 year rule. The time-frame is only applicable when an injury is discovered (or should have been discovered) with reasonable diligence.

In addition to this there are two other important exceptions :-

    Time does not run against mentally incapacitated individuals until full mental capacity is regained.

    If you were under 18 years old when the accident took place then the 3 year time period only starts running from the date of your 18th birthday.

Evidence Preservation

If you were in an accident, it is important to capture and keep evidence for claim purposes. You must exchange personal details with everyone that was part of the accident and write down what happened immediately after the accident. Record the personal details of witnesses and take photographs of the location and damage to the vehicles. If you have sustained an injury, you must visit a hospital or your family doctor as soon as possible to ensure that there is recorded evidence of your injury. Keep a journal of the succeeding events; including the development of your loss and record you're your expenses, along with bills and invoices where appropriate.

LAWYER HELPLINE: 1800 339 958