If you have been injured in a motor vehicle accident and would like to speak to a Sunshine car accident solicitor without further obligation, just use the helpline or send the contact form or email our offices. A Sunshine car accident solicitor who deals exclusively in personal injury claims will speak to you, giving advice at no cost and information on how best to preserve your legal right to receive compensation as a result of injuries sustained in an accident caused by the negligence of another person.
Negligence is perhaps the first issue brought up by Sunshine car accident solicitor, attempting to sort through the facts of an accident on behalf of their victim client. Before anyone on the team can file a compensation claim before a court of law, the accident in question must have involved negligence on the part of the person believed to have caused the accident, who will then become the defendant in the case.
Negligence, in its simplest definition, involves the actions or behaviour of a party who causes another person or persons to be injured and who behaves in such a way that no reasonable person would have repeated, given a set of similar circumstances. Negligence can look different if the defendant is a treating physician or if the defendant is an airline company who did actions that caused an airliner crash and that no reasonable company in the industry would have done.
Negligence involves the implication that a duty of care existed between the defendant and the victim. It also implies that the defendant held some responsibility over the care and/welfare of the victim. In the case of the airline company, they owe a duty of care to all passengers to see to it that its practices and actions result in the safe passage of all who travel with them.
In addition, negligence involves the defendant having breached the duty of care with regard to the accident. Breaching the duty of care means that the actions or behaviour of the defendant were substandard in relation to other businesses or individuals with similar backgrounds and experience. The airline company would have breached the duty of care if its inspection and safety policies were written in a substandard way or if the inspection and safety practices were all in order but the company failed to follow them correctly.
For a claim to be processed, the victim client must have suffered from some losses or damages as a result of the injury accident. If a victim would have survived the airliner crash, he or she must have suffered from losses that include medical costs, pain and suffering, post-traumatic stress losses, lost wages, loss of future wages and losses related to a short-term or long-term disability, among others.
When the claim is processed, the Sunshine car accident solicitor looks at the value of the special damages, the general damages and the punitive damages. Each of these is carefully considered and a monetary value is placed on them, with the sum total being the amount asked for in the claim.
Special damages are those items that already have a monetary value attached to them. They include lost wages, loss of future wages, medical bills and costs related to replacement of personal property. In addition, most disability-related costs are monetary and are therefore special damages.
General damages are more difficult to assess. They include those damages whose value monetarily must be estimated based on the circumstances because they have no innate monetary value. These include damages such as pain and suffering, a loss of ability to advance in one's career and a lack of ability to participate in one's favourite hobbies.
Punitive damages are often asked for in cases where the actions of the defendant were malicious, intentional or egregious. Punitive damages can be substantial, especially if corporate actions caused the accident.
When the compensation claim is fully assessed, it is filed by the Sunshine car accident solicitor before a judge and the case is begun. Attempts are often made to settle the claim in an out of court settlement. If this cannot be accomplished, a trial ensues and the merits of the claim are debated and decided upon by a judge.LAWYER HELPLINE: ☎ 1800 339 958