Accident Compensation Solicitors - Injury Claim Lawyers - Australia

LAWYER HELPLINE: ☎ 1800 633 090

Accident compensation solicitors are usually specialist lawyers who work in a narrow legal field which generally involves civil court work. Most accident claim lawyers are highly experienced in taking legal action for damages as a result of negligence. Negligence implies that another person owes a duty of care to the victim who has been injured and has failed to act with a reasonable degree of skill and care resulting in psychological damage or physical injury and loss to the potential claimant. In order to succeed in obtaining compensation, the claimant must prove that he has suffered injury directly as a result of another party's negligence. What do we mean by negligence? In English Law it means a breach of a legal duty of care that one party owes to another and as a consequence damage or injury results. For example ll road users owe each other a duty of care which is easily established however the main issue that accident compensation solicitors must deal with relates to the definition of negligence itself. The standard of proof in negligence compensation claims is said to be 'on the balance of probabilities' which is unlike the criminal standard of proof which is 'beyond all reasonable doubt'.

The circumstances that may give rise to an accident solicitor taking legal action for injury compensation include :-

  • Accidents at Work
    There are strict laws regarding employment, that your employer must adhere to. This includes the safety of your work place and in particular, machinery which may be dangerous.

  • Road Accidents
    If you have been involved in an accident as a driver, a passenger or passer-by, and have suffered injuries you may be able to make an accident injury claim for compensation.

  • Accidents in Public Places
    If you are injured as a result of a defect on property that is visited by the general public then you may be able to claim accident injury compensation.

  • Accidents on Private Property
    Most home owners and tenants have a home insurance policy which covers for injuries to persons that occur within that home, including injuries caused by their pets.

Compensation Awards

Damages that can be recovered by accident compensation solicitors is usually divided into two main sections for ease of calculation. In addition to general damages and special damages the courts will also make an award of interest, the calculation for which can be complex and is dependent on the type of damages both in regard to duration and rate. A further calculation is also carried out relating to future losses which has characteristics of both general damages and special damages.

    General Damages in this context represents compensation for items that are difficult to calculate accurately and need a degree of assessment by an accident solicitor and by a judge. The two principal items in this category relevant to accident compensation claims are "pain and suffering" and "loss of amenity" which is a sum paid for the loss of enjoyment of doing everyday activities that are no longer possible because of any ongoing disability caused by the injury.

    Special Damages represents compensation for items that can be calculated accurately and includes both past and future elements for loss of earnings, loss of pension rights, damage to personal property including replacement or repairs to motor vehicles, car hire, the cost of care, medical expenses, special accommodation or the cost of changes to existing accommodation, legal charges and all other reasonably incurred general expenses.

The amount of financial compensation awarded in personal injury compensation claims is determined by a judge if the matter goes to trial. Damages claimed by an accident compensation solicitor may include the following items:-

  • pain and suffering including psychological injury
  • loss of amenities of life
  • medical expenses for the past and for the future
  • prescriptions
  • loss of past income
  • loss of future income
  • gratuitous assistance
  • assistance for the future
  • reduced employment prospects in the future
  • expenses in relation to the claim
  • loss of pension
  • claim for dependents

Time Limits

All Australian personal injury claims are subject to limitation periods which imposes time limits. The basic limitation period is three years and in general terms an action must have either been settled or legal proceedings should have been issued within three years of the accident failing which the matter may become statute barred and the opportunity to claim compensation may have been lost forever. There are exceptions to this general rule including those under the age of 18 years old and in their case the three-year period does not start running until they reach the age of 18 years expiring on the eve of the 21st birthday. In the case of the mentally incapacitated the period only starts to run when mental capacity is regained or in the case of the long term mentally disabled it may never start to run. The period only starts to run when the injury is discovered with reasonable diligence and in addition the court has wide powers which it rarely excises to extend the limitation period. You should always take advice as soon as possible from a law firm with accident compensation solicitors as time limits vary in some locations and under certain circumstances.

Contributory Negligence

If you are able to prove that the other party has been negligent to any degree you may then be able to successfully pursue a claim for compensation. Even if you were partly to blame for the accident you may be able to claim compensation using the doctrine of 'contributory negligence' which means that your damages will be reduced by the percentage that you are attributed as contributing to the cause of the accident. The mere fact that you believe you are to blame should not prevent you from seeking legal advice, as it may well be that partial blame can be established against the other person involved thereby entitling you to receive compensation.

Accident Compensation Solicitors

Our accident compensation solicitors will fight fearlessly to achieve the best possible outcome for your personal injury claim. To ensure that you receive maximum compensation, you should obtain competent legal advice at the outset of your claim. Don’t go it alone. Our lawyers handle these claims on a daily basis and they know how to maximise your chances of getting the compensation you deserve.

Depending on the type of claim that you have, our accident compensation solicitors may be able to act for you on a No Win No fee basis. This means that you do not have to pay your solicitor their professional costs unless you successfully obtain compensation.

Do not hesitate to ask any questions regarding your chances of success, the amount of compensation you may be able to recover, and any time periods which may apply. It’s better to seek legal advice sooner rather than later as there are strict time frames for lodging personal injury claims, and these deadlines vary according to the type of claim that you have and the applicable legislation.

LAWYER HELPLINE: ☎ 1800 633 090

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