Wangaratta Car Accident Solicitors - Accident Compensation Claim Lawyers

LAWYER HELPLINE: 1800 339 958

If you have been injured in a motor vehicle accident and would like to speak to Wangaratta car accident solicitors without further obligation, just use the helpline or send the contact form or email our offices. A Wangaratta car accident solicitor who deals exclusively in personal injury claims will speak to you, giving free advice 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.

Wangaratta Car Accident Lawyer - Negligence

Every motorist should understand the concept of negligence because they could become the victim of a motor vehicle accident or could become the defendant in a motor vehicle accident. In an injury accident where someone was apparently at fault, the issue of negligence needs to be decided upon and the case could be dropped or could go to court on the merits of the claim of negligence on someone's part.

In its basic sense, negligence is defined as performing an action or behaviour that causes an injury to another that is something no reasonable person would do given the same or similar set of circumstances. In the case of a motor vehicle accident, the behaviour of the driver who caused the motor vehicle accident is compared to the average, reasonable motorist's behavior on the road.

A Wangaratta car accident solicitor who implies negligence is indicating that a duty of care existed between the injuring party and the victim. In the case of the motorist injuring another motorist, you should know that every driver on the road carries the duty of care to drive in such a manner as to ensure the safety (as is reasonably possible) of every other driver on the road. In other words, as motorists, we are responsible for our own behavior and must drive in ways that do not threaten the health of other motorists or pedestrians.

In order for negligence to exist, the defendant must have been said to have "breached the duty of care". In other words, the behaviour of the injuring party must be below acceptable standards regarding the situation. The motorist who injures another motorist generally does so because he or she behaved in a manner that was substandard when compared to other motorists. It is important to note that it is not a requirement that the offending motorist get a traffic ticket for their behaviour on the road in order to show that there was a breach of the duty of care.

When negligence has been established by a Wangaratta car accident solicitor, it is given meaning by virtue of the fact that the victim must suffer from some type of loss or losses as a result of the accident. Losses can include things such as pain and suffering, the cost to repair or replace a vehicle, the cost of lost wages, the losses sustained in not being able to participate in one's hobbies and disability costs, such as the cost of a home health nurse.

If all is in order, the compensation claim can be assembled. It is composed of a list of damages, loosely defined as the sum total of special damages, general damages and punitive damages. Special damages are already monetized because they have an intrinsic monetary value. They include things like the cost of lost wages, medical costs, the cost of future lost wages and specific disability costs, such as the cost of disability cares and disability equipment.

General damages become more difficult to monetize because they have no intrinsic monetary value. General damages include those things like pain and suffering, the losses from not being able to advance in one's career and from the losses related to the inability to participate in the activities of daily living.

Punitive damages can be any dollar amount and depend on the circumstances. Punitive damages are awarded if the behaviour of the defendant was particularly egregious, malicious or intentional and are intended as a sort of punishment for the offender.

When the claim has been assembled, the Wangaratta car accident solicitor files the claim in a court of law. Other lawyers become involved and usually attempts are made to settle the claim in an out of court settlement. If one cannot be reached, the claim is taken to trial and is decided upon by a judge.

LAWYER HELPLINE: 1800 339 958