Car Accident Lawyer - Personal Injury Compensation Claim Solicitors

LAWYER HELPLINE: 1800 339 958

Our Australian car accident lawyers provide legal advice at no cost and no win no fee representation in relation to injuries caused by car accidents. If you have been injured you may be entitled to claim compensation. It is important that you seek legal advice from an accident compensation solicitor who specialises in personal injury law. There are time limits and thresholds which apply to car accident claims, and our team of solicitors can advise you on these matters. Speak with a car accident lawyer today to find out how we can help you obtain the injury compensation that you deserve.

If you were injured in a motor vehicle collision, your car accident solicitor may be able to make a claim for compensation. It is important to note that motor vehicle accident claims are not limited to accidents involving cars. Accidents involving trucks, motorcycles, buses, heavy work vehicles, trams and trains can also be the basis of a compensation claim. Additionally, pedestrians involved in motor vehicle accidents are also entitled to bring a claim.

Contributory Negligence?

You may be eligible to make a claim for compensation even if you were partly at fault for the accident. An individual who is partially to blame for a motor vehicle accident is not precluded from bringing a claim for compensation. However if successful, their claim will be reduced by an amount proportionate to their level of blame. The concept of assigning a portion of the blame to the claimant is referred to as contributory negligence.

If you were partially responsible for the accident in which you sustained your injuries, you should still contact a car accident lawyer as soon as possible. Your contributory negligence does not bar you from bringing a claim, and you do not want to lose out on your opportunity to seek compensation. An experienced car accident lawyer can evaluate your degree of contributory negligence and advise you on the potential value of your claim.

Also, the dependants of a victim who died as a result of a motor vehicle accident may be entitled to bring a compensation claim.

Personal Injury Compensation

Most motor accident compensation schemes in Australia are based on a fault system, and generally cover accidents involving cars, trucks, motorcycles, taxis, trains, trams and buses. Injured passengers, drivers and pedestrians are able to lodge a claim for compensation.

Compensation for personal injury is generally paid for by the Compulsory Third Party insurer. In cases involving serious injuries, a common law action for damages may be possible.

Depending on which State the accident occurred, the injured party (claimant) may instruct thier car accident lawyer to claim compensation for:

  • Medical and hospital expenses.
  • Dental expenses.
  • Pharmaceutical expenses.
  • Physiotherapy.
  • Remedial massage.
  • Counselling.
  • Loss of income.
  • Attendant care.
  • Domestic and gardening assistance.
  • House and vehicle modifications.
  • Lump sum payment for permanent impairment.
  • Pain and suffering compensation.
  • Death benefits and funeral expenses payable to families who have lost loved ones in a fatal motor accident.

Strict time limits apply when making compensation claims, so you should not delay in seeking legal advice. Time limits vary between States. Our car accident solicitors can advise you of the time limit applicable to your situation.

The various states each set minimum and maximum amounts with regard to the total sum of compensation the victim may receive. In order to receive compensation, your losses must meet the statutory minimum threshold amount. Because victims are entitled to compensation for a wide range of losses and expenses, it is typically not difficult to reach the minimum requirement. Car accident lawyers can assist victims in calculating their damages in order to determine if they qualify for compensation.

Time Limits?

Time is of the essence when it comes to making your claim for compensation. Firm limits dictate the amount of time in which you have to bring a claim. The precise time limit applicable to your claim depends upon the state in which the accident occurred. Time limits vary from state to state, and can be anywhere from two months to three years. In order to preserve your right to make a claim, it is critical that you seek the immediate advice of a qualified car accident lawyer.

Car Accident Lawyer

We recommend that all injured persons seek the advice of a car accident lawyer prior to starting a claim.

The benefits of having a solicitor represent your interests are numerous. Our specialist personal injury solicitors:

  • are highly experienced in interpreting and applying motor accident compensation laws;
  • have vast amounts of experience in negotiating with the various stakeholders involved (e.g. insurance companies and their lawyers, government compensation authorities);
  • will ensure that you are paid maximum entitlements under the law;
  • will provide advice on all aspects of common law claims, court proceedings and appeals;
  • provide legal representation on a No Win No Fee basis.

If you have already lodged a claim, and your claim has been denied or you disagree with the amount of benefits you are being paid, you should still seek legal advice.

Call our helpline or complete the on-line Contact Form to speak with a car accident solicitor on the helpline today.

Compensation claims for fatal accidents or catastrophic injuries call for the legal services of a solicitor with specialised knowledge. Our car accident lawyers have extensive experience and are qualified to handle these complex cases. If the accident occurred as a result of negligence by a third party then our specialist lawyers can help you to assert your legal rights and get the compensation you deserve. If you would like free advice without further obligation just complete the contact form to speak to one of our experts.

Our car accident lawyers specialise in handling motor accident compensation claims in the following States and Territories:

    Victoria (VIC)

    In Victoria, motor accident compensation claims are generally referred to as "TAC claims". The Transport Accident Commission (TAC) is the Victorian government authority which pays benefits for people injured in motor vehicle accidents. Compensation under the TAC scheme will be paid to an injured person regardless of fault. Common law compensation is available if negligence is proven and if a person has suffered a "serious injury".

    South Australia (SA)

    In South Australia, Allianz is currently the sole insurance company acting on behalf of the Motor Accident Commission for all motor accident claims. This scheme is a fault-based system which means that the injured person must prove that their injuries were caused by somebody else's negligence, in order to be able to claim compensation. In South Australia, motor accident claims are generally referred to as "Motor Accident Commission Claims".

    Western Australia (WA)

    All personal injury claims resulting from motor vehicle accidents that involve a Western Australian registered vehicle are managed by the Insurance Commission of Western Australia (ICWA). The relevant legislation is the Motor Vehicle (Third Party Insurance) Act 1943. To make a claim, you must be able to establish that the driver or owner of a motor vehicle (other than you) was at fault, whether completely or in part.

    Australian Capital Territory (ACT)

    Motor vehicle accidents that involve an ACT registered vehicle are handled by a third party insurer, the NRMA. Any claim brought against a driver of an ACT registered vehicle is a claim brought against the NRMA. The Australian Capital Territory operates on a fault based scheme.

Free legal advice and No Win No Fee representation is available by calling our legal team or by completing the on-line Contact Form.

Common Injuries

Road accidents can involve minor accidents, such as fender benders. They can also be as severe as head-on collisions with two cars or a car and a truck. The injuries vary in significance but they all follow the basic principles. Most injuries from car accidents result in deceleration injuries - the sudden stoppage of a vehicle that was once in motion. Other injuries happen from contact with glass or from contact with parts of the car crushed by another vehicle.

Glass-related injuries can be mild or severe. Because glass in vehicles is specially-treated, only small pieces of glass come from the wind screen and side windows. Even so, they can fly about the interior of the car causing lacerations of the face and other body areas.

If an occupant in a motor vehicle collision is not seat-belted, there is a high risk of ejection from the vehicle. The most common injury in such cases is a head injury. Head injuries can be simple concussions to fractures of the skull and internal bleeding.

A simple concussion can happen whether or not the individual is ejected from the motor vehicle. In a concussion, there is usually a traumatic brain injury that temporarily disrupts brain function. The individual often remains conscious but suffers from concentration problems, headaches and difficulty with balance, coordination and memory. A period of unconsciousness means the concussion is worse.

One doesn't need a blunt trauma to the head; violent shaking of the head can result in a concussion. While concussions do result in brain injury, most individuals recover completely over the course of days to weeks. Some are left with things like a chronic headache.

The other types of brain injury include a haematoma on the brain and a contusion to the brain. When a haematoma occurs on the brain, there is blood usually derived from bleeding of the blood vessels on the surface of the brain. The blood builds up and increases the pressure inside the brain. Unless the haematoma is drained, the pressure can cause herniation of the brain through the opening at the base of the skull. This usually results in death.

A contusion of the brain involves having enough force on the brain to bruise it. It can cause swelling of the brain enough to cause fatal herniation. If the bruising doesn't cause herniation, the individual will have permanent brain damage to varying degrees. In some cases, the person can resolve their symptoms of brain damage but most patients will have some residual brain dysfunction.

Cervical spine injuries are also common in road accidents. The occupant does not have to be ejected in order to suffer a cervical spine injury. It usually results from hyperflexion or hyperextension with fracture of the parts of the vertebral column or dislocation of the spine. The end result is a severed or crushed spinal cord.

When the spinal cord is severed or crushed in the cervical area, there can be lack of ability to breathe on one's own along with quadriplegia and loss of bowel and bladder function. Quadriplegia means that you have a loss of ability to feel or move the arms, trunk, and legs. This is almost always a permanent dysfunction.

There can be injury or death from airbags, especially if the individual is too close to the airbag when it deploys or if the victim is a child. There can be facial contusions or chest contusions. There can also be rib fractures and cervical spine injury. In general, airbags are much safer than not having an airbag but no airbag system is perfect.

Chest wall injuries are common because the ribs have very little strength and fracture easily. Rib fractures are often multiple and can result in lacerations to the lungs. This causes one or both lungs to collapse. The end result is a pneumothorax (collapsed lung) that can be life threatening if both lungs are affected or if the air cannot escape through the lungs and every inhalation causes air to push against the opposite lung, effectively shrinking its capacity. This is called a tension pneumothorax.

Abdominal trauma is another common type of injury in motor vehicle accidents. Blunt trauma can injure vital organs, such as the liver, spleen or kidneys. There can be heavy internal bleeding necessitating emergency surgery to repair the liver or kidneys. Because it isn't necessary for survival, the fractured spleen is often removed. In the end, there will be normal functioning of the liver and usually acceptable functioning of the kidneys unless both are severely injured.

There can be disruption of the bowel in cases of blunt trauma to the abdomen. This causes bacteria to flood the abdominal cavity, resulting in an infection called peritonitis. Peritonitis can spread to the blood and the resultant sepsis can be life-threatening.

Multiple fractures are possible in car accidents. There can be wrist, forearm, or humerus fractures from gripping the steering wheel at the time of impact or from blunt trauma to the upper extremity. There can also be rib fractures from the air bag or from blunt trauma to the chest. Pelvic fractures can come from blunt trauma to the pelvic bones.

Fractures to the lower extremity can happen to the driver who is in the act of braking. The forces go upward to cause hip fractures or femur fractures. Other forces can take place, causing tibia and/or fibula fractures. Lower extremity fractures often require surgical intervention and can cause permanent difficulty in walking or running.

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