Sunbury Car Accident Solicitors - Personal Injury Compensation Claim Lawyers

LAWYER HELPLINE: 1800 339 958

If you have been injured in a car accident in Sunbury, you are probably asking many questions about a possible legal claim. Is the other driver responsible? What amount of compensation is available? Do I need legal representation? A specialist car accident compensation solicitor can answer all of your queries at no cost to you. Our Sunbury car accident solicitors use the no win no fee scheme with no upfront fee required from you. Win or lose there is no charge. Compensation for a personal injury claim is paid in full. Our Sunbury car accident solicitors do not make any money at all unless we win the case for you and then our legal charges are paid by the other sides insurers and not by you.

Awards of Damages

Awards of compensation in accident claims are divided by Sunbury car accident solicitors into two main categories known as 'special damages' and 'general damages'. Special damages represent compensation that is a calculable loss which can be proven through the presentation of receipts and invoices. This includes the cost of repairs for the damage to your vehicle, the cost of renting a car while yours is being repaired, wages loss due to the injury and medical expenses. General damages represent compensation that is difficult to quantify and requires assessment by a judge including the financial award for the pain and suffering of the injury.

Evidence Preservation

You can begin the process of gathering evidence as soon as the motor vehicle collision occurs. Take photographs of the damage done to your vehicle. Make a contemporaneous handwritten note of where and how the accident occurred immediately. Make sure you obtain the contact information of the other driver and passengers involved in the accident and any witnesses who saw what happened. Attend on a Sunbury medical practitioner to document your injuries as soon as possible. Let your Sunbury car accident solicitors have any evidence tat you have gathered as soon as possible.

Negligence

For a successful accident compensation claim it must be proved that injury and loss have been caused by an act of negligence of another person. An act of negligence can be defined as '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'. You must show that the negligent party owed a duty of care to you. You must also prove that the breach of that duty was caused by behaviour that was below an acceptable standard. You must also prove that your losses or damages were a direct result of this breach of duty of care. Drivers and passengers can both pursue claims against another driver. A passenger can pursue a claim against their own driver even if that person is a friend or family member - it's almost always the insurer that pays.

Time Limits

There is a time limit on Sunbury personal injury cases. This is called the limitation period. Once the time passes you are no longer able to pursue a claim for damages. In Australia this time limit is three years. If you have neither settled your claim nor had a Sunbury car accident solicitor initiate court proceedings within three years of the accident occurring you will not be able to obtain compensation for your injuries.

There are some exceptions to this three year deadline. For minors injured in accidents, the three years do not begin until the 18th birthday. For a mentally incapacitated person, the three years do not begin until that person regains full mental capacity. In the case of a hidden illness time only starts to run once the problem has been diagnosed.

LAWYER HELPLINE: 1800 339 958