Latrobe Valley Car Accident Solicitors - Injury Compensation Claim lawyers

LAWYER HELPLINE: 1800 339 958

If you have sustained personal injury in a car crash in Latrobe Valley, you should consult Latrobe Valley car accident solicitors immediately. In order to make an accident compensation claim, the accident must have occurred within the last 3 years and it must be a direct result of negligence by another person.

Our specialist personal injury solicitors offer the no win no fee scheme which removes financial risk and can be summarised as 'win or lose - no charge & compensation paid in full'. If you use our Latrobe Valley car accident solicitors, there is no financial risk whatsoever and you are paid 100% of your compensation with no deductions.

There are over 100,000 road accident casualties reported annually in Australia including over 20,000 serious injuries with 3 fatalities every day. Most of the injured are drivers and their passengers however pedestrians, cyclists and motorcyclists often suffer very serious injury due to vulnerability.

If you have been the victim of another driver's negligence in Latrobe Valley, you can make an accident compensation claim for personal injury and loss that you might have sustained. You're lawyer can take action against the driver of the car you were in, even if the driver was a relative or friend.

Negligence

Negligence occurs when an individual's acts or omissions cause another to suffer loss. 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 a Latrobe Valley car accident solicitor must be able to prove the following in order to establish negligence :-

  1. A duty of care must have been owed to the claimant by the defendant. All road users owe all other road users a duty of care.
  2. The duty of care must have been breached by the defendant whose conduct must fall below a reasonable standard.
  3. It must be proven that loss, damage or injury directly resulted from the breach of the duty of care.

Compensation

The compensation that is awarded in a Latrobe Valley car accident compensation claim falls into two main categories as follows:-

  1. loss that can be measured accurately known as 'special damages'
  2. loss that needs assessment known as 'general damages'

Damages payable in a car accident compensation claim may include the following:-

  • pain & suffering including long term consequences of a physical nature
  • loss of salary, both up to the date and in the future
  • reimbursement for loss of promotion or other job opportunities
  • loss of a congenial job
  • disadvantage on the labour market
  • change of lifestyle
  • Out of pocket expenses
  • cost for care
  • damage to vehicle and insurance excess
  • vehicle hire whilst repairs is under way
  • reduction in the value of a vehicle that has been repaired
  • Interest on the award

Limitation

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 3 years of the accident failing which the claim will be statute barred and the opportunity to claim damages will be lost.

There are some exceptions to the general 3 year rule. Time only starts running when an injury is detected or should have been detected with reasonable vigilance. Time does not run until the victim attains the age of 18 years. Time does not run against the mentally disabled.

Evidence

If you have been involved in a car accident on Latrobe Valley it is important to gather and preserve evidence :-

  • exchange personal details with all parties involved
  • document the events before, during and after the accident
  • write down the contact details of eye witnesses
  • take photographs of the accident location and damage to vehicles
  • attend a hospital or a GP as possible to document your injury
  • record ensuing events including the progress of your injury
  • retain evidence of expenditure along with bills and invoices

LAWYER HELPLINE: 1800 339 958