If you have been injured in a motor vehicle accident and would like to speak to Whyalla car accident solicitors without further obligation, just use the helpline or send the contact form or email our lawyers offices. Whyalla car accident solicitors who deal 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.
Claims involving the possibility of negligence must be carefully researched by a Whyalla car accident solicitor in order to verify that negligence in fact existed in the incident in question and in order for losses to be totaled. What comes out of this intense research and legal work is a compensation claim which can then be filed in a civil court in an attempt to make things right after a person has been injured or killed as a result of the behavior of another.
The Whyalla car accident solicitor must understand the basic concept of what negligence really means, which is the performance of an action or behavior that results in an injury accident and that is completely unlike that which a reasonable person would have done in the same or similar circumstances. Different personal injury circumstances may have different definitions of what a reasonable person would do.
The Whyalla car accident solicitor must be able to show as well that a duty of care existed between the party who caused the injury and the victim. In the case of a railroad company that manages the transport of people, they owe a duty of care to have standards and practices that ensure the safe passage of the travelers.
In addition, it must be shown that a breach of the duty of care existed. This means that, in the above case, the standards and practices of the injuring party must have somehow been substandard with respect to the standards and practices of a similar railroad company. It might be shown that the safety standards were not up to acceptable practices or it might be shown that the railroad company failed to enforce its own safety standards, which might otherwise be acceptable.
Finally, the victim's solicitor (or victims in the case of a mass transit accident) must show that its clients sustained some losses related to the injury accident. Losses can be nothing more than pain and suffering but usually involve more extensive losses such as the cost of medical bills, the cost of replacing personal property, lost wages and loss of future wages. Losses can be less tangible such as losses related to being unable to advance in one's chosen career.
When all of the above have been demonstrated, the lawyers for the victim(s) can tally the losses and create a compensation claim. Such a claim becomes the sum total of the specific damages, the general damages and the punitive damages. Specific damages are easy to tally because the damages have a monetary value already associated with them, such as medical bills, lost wages and the loss of future wages.
When the solicitors tally the "cost" of general damages, the task becomes more difficult because these are losses that have no monetary value usually associated with them. These include pain and suffering, losses related to a lack of ability to participate in normal activities of daily living and losses related to being unable to advance in one's chosen career. These costs must be estimated based on the victim and his or her circumstances before and after the accident.
When punitive damages are asked for in a civil lawsuit, it usually implies that something about the actions of the party who caused the accident were especially egregious, malicious or intentional in nature. The punitive damages have the intent of punishing the individual(s) who caused the injury accident because their actions were poorly performed.
When a claim has been tallied and brought before the civil court system, attempts are often made on the part of the involved solicitors to settle the matter without benefit of a trial. In such cases, if the attempt fails, the matter must be settled by a judge in a court of law.LAWYER HELPLINE: ☎ 1800 339 958