Mildura Car Accident Solicitors - Injury Compensation Claim Lawyers

LAWYER HELPLINE: 1800 339 958

If you suffer injury or loss due to another driver's negligence, you can make a compensation claim. You are entitled to take legal action even if the negligent driver is a relative or friend. Our Mildura car accident solicitors use the no win no fee scheme which involves no financial risk - 'win or lose no charge - compensation paid in full'.

If you have experienced personal injury in a car crash, you should consult a Mildura car accident solicitor as soon as you can. There are two things that need to be in place if you want to make a car accident compensation claim :

  • The accident must have happened within the last 3 years.
  • The accident must have been caused as a result of negligence by another person.

Negligence

Negligence occurs when deeds or omissions by a third party cause another person to suffer loss or damage. Negligence has been defined in various ways but the most cited definition is 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.'

If you want to take legal action for a Mildura car accident compensation claim the following 3 things need to be established :-

  • The defendant must have owed you a duty of care. In the case of a car accident compensation claim all road users owe all other road users a duty of care.
  • The defendant must have breached the duty of care and the defendant's behaviour must have been below an acceptable standard when compared to other prudent drivers. Conviction in the criminal court for a motoring offence is not required in order to prove negligence.

  • It must be proven that the loss or injury that you have sustained was a direct result of the breach of duty.

Compensation

Damages awards in a Mildura car accident compensation claim are split into two main categories :-

  • Special Damages - Compensation that can be accurately established by direct calculation.
  • General Damages - Compensation that must be assessed by a judge.
  • Items that may attract payment in a car accident compensation claim include the following :-

    • pain & suffering
    • loss of income to current date and estimated in the future
    • loss of congenial employment, promotion or other job opportunities
    • disadvantage on the labour market
    • loss of lifestyle including hobbies
    • care costs
    • medical expenses
    • travel costs
    • vehicle damage
    • car rental
    • insurance excess
    • diminution in value of a repaired vehicle
    • interest
    • general expenses
    • medical aids
    • household alterations

Time Limits

A personal injury compensation claim must have either been settled or proceedings must have been issued by a Mildura car accident solicitor, in a court of law within 3 years of the event. If the 3 years have already passed, in most cases the claim will be statute barred and the opportunity for remuneration will have been loss.

There are some exceptions to the 3 year rule in a car accident compensation claim :-

  • the three year term only starts running once the injury has become obvious
  • time does not run against the mentally incapacitated
  • a minor must reach the age of 18 years before time start

Evidence

Obtaining, recording and preserving evidence is crucial in a Mildura car accident compensation claim. The following items should be noted :-

  • obtain all personal information of those involved
  • obtain witness contact information
  • write down what happened as soon as possible
  • photograph the location
  • photograph the vehicle damage
  • photograph visible injury
  • attend hospital or a GP immediately
  • keep a daily diary of recovery
  • retain estimates, quotations, bills and receipts.

LAWYER HELPLINE: 1800 339 958