Mount Gambier Car Accident Solicitors - Injury Compensation Claim Lawyers

LAWYER HELPLINE: 1800 339 958

If you have been injured in a motor vehicle accident in Mount Gambier, that is not your fault, it is important that you visit a Mount Gambier car accident solicitor to ensure you make the most out of your potential personal injury claim. If an accident caused you injury, was the result of another person's negligence and took place in the last three years, you can get monetary compensation for your losses and damages. A driver or passenger can pursue a car accident compensation claim against another negligent driver. A passenger can pursue a claim against the driver of the vehicle they were riding in if that driver's negligence caused the accident even if the negligent driver was a close relative or good friend – it’s the insurance company that pays.

Being involved in a motor vehicle accident frequently creates financial difficulties. Our Mount Gambier car accident solicitors will pursue your compensation claim with no money required up front. There is no financial risk. Win nor lose there is no charge and compensation is paid in full.

Negligence

To pursue a Mount Gambier car accident compensation claim, the collision must have been another person's fault, otherwise known as an act of negligence. Negligence is defined as an act or omission that causes another person loss or inconvenience and 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.

When another driver fails to stop at a signal light or crashes into you because they're distracted, they have failed to show a reasonable degree of skill and care. That is an act of negligence and is sufficient for you to pursue a claim. Drivers on public roads have to abide by a reasonably accepted standard of behaviour. For a successful injury claim, you must prove the driver who injured you breached that standard. Since all drivers must exercise consideration for other road users, the duty of care will exist in car accident cases almost without exception. It must also be shown that the personal injury and loss was a direct result of the breach of the duty of care. A driver need not be convicted of a moving traffic offence in a criminal court in order to prove negligence in a civil court.

Compensation Awards

There are two classes of damages awards :-

  1. The first represents compensation for tangible losses known as “special damages.” These include wages loss, care costs and vehicle repairs. These losses can be proven by estimates, receipts and invoices.

  2. The second type represents compensation for intangible losses, which are known as “general damages.” General damages include pain and suffering, loss of lifestyle and disadvantage on the job market.. General damages require a court assessment to determine a monetary award.

Time Limits

There is a time limit on all personal injury claims. This means that a Mount Gambier car accident solicitor must either have settled the compensation claim or proceedings must have been issued in a court of law before the third anniversary of the accident. Failure to comply will mean that the claimant has lost the ability to pursue a personal injury compensation claim for damages. This deadline does have a few exceptions :-

  • time only starts to run from the time that any injury or illness became obvious
  • the three year time limit does not start to run until a minor reaches the age of 18 years old
  • time does not begin to run against a mentally incapacitated person until fill mental capacity returns.

Evidence Gathering & Preservation

One of the most important things you can do for your personal injury case is to collect evidence. This begins as soon as the collision occurs. Exchange information with the other driver right away. Get their full name and contact information. Note the location of the crash and take photographs of the streets and the damage to the vehicles. Record the names and contact numbers of any witnesses. They can be important in testifying as to what happened in the accident. Write down exactly what happened before, during and after the collision as soon as possible after the accident. Retain and date your handwritten note in case your version of events is questioned. It is also important to keep any record of expenses including bills, estimates and receipts. All evidence gathered should be handed to your Mount Gambier car accident solicitor as soon as possible.

If you are injured in an accident, go to a hospital or visit your doctor right away. It is important that you seek proper treatment for your injuries, as seeking treatment creates evidence of your injury in the form of medical records. It is important that you follow all of your doctor's recommendations to both obtain complete recovery and to ensure that you receive the full compensation you deserve for your claim. Keep a daily diary showing the progress of your recovery.

LAWYER HELPLINE: 1800 339 958