If you have been injured in a motor vehicle accident and would like to speak to Traralgon car accident solicitors without further obligation, just use the helpline or send the contact form or email our lawyers offices. A Traralgon 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.
When an accident or injury occurs, a determination must be made by the Traralgon car accident solicitors as to whether the accident was caused by fate or by negligence. If negligence is to be determined, several criteria must be met.
In usual circumstances, negligence means that an injuring party performed an action that did not fall into the range of what a reasonable person would do in the same or similar circumstances. The determination by the Traralgon car accident solicitor must be made with all of the available evidence and knowledge of what a reasonable person would have done.
In proving the presence of negligence, the victim's solicitor needs to show that a duty of care was in place between the defendant and the victim. In other words, the defendant (or injuring party) must have held some responsibility over the care, health and welfare of the victim. In the case of a railroad company, the company has a duty of care to see that its travelers and employers are safe during any interaction involving the company.
Also, the Traralgon car accident solicitor needs to show that there existed a breach of the duty of care regarding the injuring incident. If a breach of the duty of care existed, the lawyer must show that something was substandard about the actions of the defendant. With regard to the railroad company, the solicitor must demonstrate that its safety policies were flawed or that the company had normal safety policies but did not follow its own policies.
If negligence is proved but the victim suffered no losses, a compensation claim cannot be claimed. Losses, such as lost wages, loss of future wages, pain and suffering and disability costs, among others, are tallied and included in the claim. Losses can be easily determined and tangible or they can be relatively intangible, such as losses related to alienation of affection.
In compiling the components of the compensation claim, the lawyer must look at the value of specific damages, general damages and possibly punitive damages. Special damages are the easiest to tally and involve things that already have a tangible money amount associated with them. These damages include medical costs, lost wages, costs to repair a vehicle or other personal property and any costs related to putting the victim back in his or her normal state of being.
General damages are more difficult to determine because they are intangible and have no innate monetary value. The Traralgon car accident solicitor must find and write down the value of pain and suffering, losses related to an inability to advance in one's career, and losses related to an inability of the victim to participate in activities of daily living due to disability.
Punitive damages are not always asked for. In situations, however, where the actions of the defendant were intentional or malicious in nature, punitive damages can be abstractly estimated and included as part of the claim.
The claim with all its components can be compiled into a form appropriate for filing in a court of law. When all parties have been notified of the claim, they may elect to get together and decide on an agreement that satisfies all members of the party. This is known as settling out of court. If no out of court settlement can be reached, the case goes to trial and is decided upon by a judge.
The Plaintiff's solicitor (the solicitor for the injured victim) must pay attention to the statute of limitations and must file the claim before the statute of limitations runs out. With few exceptions, claims filed after the statute of limitations are null and void.LAWYER HELPLINE: ☎ 1800 339 958