Our Melbourne personal injury lawyers deal with both common law motor vehicle accident compensation claims and TAC compensation claims in Victoria. If you have been injured in a motor vehicle accident in Victoria because someone else was at fault, you may need some help from a Melbourne car accident solicitor. You may feel that you are alone and that your injuries are unique however the sad truth is that tens of thousands of motor vehicle accidents which cause substantial personal injury occur each year in Australia. Many of these victims are able to get the help they need to claim compensation for personal injury from a Melbourne car accident solicitor. Our motor accident compensation solicitors deal with personal injury claims using the no win no fee scheme – win or lose there is no charge and compensation is always paid in full. This means that you can seek legal recourse for the wrong suffered in a motor vehicle accident without risking your own finances. You don’t need take on the burden of claiming compensation for loss and injury due to a car accident by yourself. Discuss your potential motor accident compensation claim with one of our experienced Melbourne personal injury solicitors who will assist you with getting the damages award that you deserve.
If you decide to pursue a compensation claim, there are a few terms that you will often hear during the process. We will provide you with an overview of what these terms mean and how they affect your case. The terms you will most likely hear on a regular basis during a road accident compensation claim include :
To succeed in a Melbourne personal injury compensation claim it is necessary to prove negligence on the part of the other person. In a motor vehicle accident, this means establishing negligence on the part of the other driver. In its most basic terms, negligence is acting (or failing to act) in a reasonable manner when compared to the behaviour of others in similar circumstances. However the requirement to act reasonably only applies if one person owes another a ‘duty of care’ and in the case of a Melbourne road traffic accident, all of those who use the roads in Australia owe all other road users a duty of care to act reasonably. In order to be actionable in a court of law, there must be a duty of care in existence and the negligence must have directly caused some sort of harm or injury to the person bringing the legal action.
Compensation is awarded in a court of law to try to put the injured party back into the position they were in before the accident occurred. This hypothesis is usually not achievable but compensation is awarded to place the injured person in the best possible position. The amount of compensation is usually awarded in two distinct categories known as special damages and general damages. Special damages represents compensation awarded based upon accurate calculation. General damages refer to compensation that is awarded based upon an assessment of loss. In most personal injury cases the award includes items of both special damages and general damages. Awards of compensation may include past and future wage loss, damage to personal property including vehicles, pain and suffering both physical and psychological, loss of advantage on the job market, loss of lifestyle and other losses that arise as a direct result of the negligence.
In almost every jurisdiction throughout the world a claim for personal injury compensation must be either settled or proceedings must be issued within a certain time known as the ‘limitation period’ which is often outlined in a ‘Statute of Limitation’ failing which the opportunity to claim compensation is lost forever. These time limits are in place for the protection of the victim as well as the accused due to deterioration of evidence availability over time. In a personal injury claim Australia has three year limitation period. This time limit is important because it is usually not possible to issue proceedings after it expires and the opportunity to claim compensation may be lost forever. There are some exceptions to this rule. In some cases an injury is not discovered until months or even years after the incident and time starts running in this case from the date of diagnosis of the injury. Time does not run against minors until their 18th birthday and time may never run against those with a mental disability until such time as full capacity is regained.
Evidence can be crucial in providing information about your claim. Evidence can prove exactly what happened in the incident. It is recommended that claimants get as much evidence as possible as soon as they can do so. Evidence will back up the facts, clarify issues and very often help a court to decide whether compensation should be awarded. What happened in the incident should be written down as soon as possible since memories fade with time. Other information required by a Melbourne car accident solicitor relates to the identification and contact information of all parties involved in the accident in addition any witnesses. Photographs of the accident scene and damaged vehicles are also valuable evidence. Medical evidence helps prove injury and it is important that you are examined by a doctor right after the accident and that you keep accurate records of all subsequent visits to any healthcare professional.LAWYER HELPLINE: ☎ 1800 339 958
The author of the substantive medical writing on this website is Dr. Christine Traxler MD whose biography can be read here