Have you been involved in an accident within the last 3 years?
Unsure whether you can claim compensation in Australia?
Are you looking for an expert personal injury solicitor?
We can help you find the answers you are looking for. With so many Australian personal injury solicitors advertising legal services it may be difficult to find the right lawyer for your case.
Our aim is to ensure that accident victims receive quality, competent legal advice at no cost from expert personal injury solicitors. All of our lawyers are able to represent you on a no win no fee basis. Compensation is paid in full with no deductions. Win or lose there is no charge.
Our personal injury solicitors can provide you with sound expert advice in the following areas:-
Personal Injury Compensation Awards
The underlying principle is that the injured person should be able to recover compensation to the extent that would put them back into a financial position as if the event did not occur. Damages awards claimed by personal injury solicitors will usually include the following components:-
General damages include payment for pain and suffering and loss of amenities. These items are not precisely calculable and require a degree of assessment. A judge will consider the particular injury and take into account other precedent cases of similar injuries when assessing damages.
Special damages cover payment for economic loss including loss of earnings both past and future, cost of domestic care, adapted accommodation, rehabilitation aids and other out of pocket expenses.
Loss of Earnings
Factors considered by a personal injury solicitor in assessing compensation awards for loss of earnings:-
The plaintiffs financial circumstances prior to the accident. This may be useful as a guide as to what the plaintiff would have earned but for the accident.
Where an employed individual has suffered economic loss as a result of the accident the following information should be considered :-
- Personal income tax returns and detailed payroll history.
- A detailed statement of the plaintiffs employment history.
- The plaintiffs educational and other qualifications.
- Full details of the plaintiffs remuneration.
- Plaintiff prior career goals and likely promotional path.
- Details of the plaintiffs pre-accident and post-accident employment.
Where a persons business has suffered as a result of a personal injury, then the tax returns of that business entity should be obtained, including profit and loss statements and balance sheets for at least 4-5 years prior the accident. Consideration should be given to a claim of loss of gross profit, the cost of replacement labour, and any additional or increased costs.
Interim Damages Payment
Sometimes a defendant admits liability, that is that they were negligent, but continues to fight the case on the issue of quantum (i.e the amount that you should be awarded). It may take many months before your case reaches a hearing before a judge and the compensation awards are determined. Your personal injury solicitor may apply on your behalf for an interim payment of damages. This means that the defendant pays you some of your money now and the court later decides as to how much more needs to be paid. If you are suffering from severe financial hardship as a result of the accident, then you should speak to your solicitor about whether you can make a claim for an interim payment.
Claims in Australia must either be settled or proceedings must have been started in a court of law within three years of the incident causing injury or within three years of the it being discovered. There are exceptions to the general rule. Time does not start to run until a person achieves the age of 18 years and time may never start to run for the mentally disabled depending on the extent of that disability. Failure to comply with the time limit can mean that the opportunity to claim compensation may have been lost forever however the court does have jurisdiction to extend the time limit which is rarely exercised and then only in exceptional cases.
Personal Injury Solicitors
Here are 3 good reasons to choose our Australian personal injury solicitors:-
Our lawyers will provide you with legal advice on your rights and entitlements to compensation with no further obligation.
Our solicitors are accredited experts with extensive experience in negotiating, settling and litigating accident compensation claims.
If you decide to instruct any of our specialists to obtain compensation for you, they will act on a no win no fee basis. Compensation is paid in full and win or lose there is no charge.
If you would like professional legal advice from specialist lawyers, just use the helpline or complete and send the contact form and our experts will provide you with no cost, no obligation legal advice.
LAWYER HELPLINE: ☎ 1800 352 100
This website is not intended for viewing or consideration by residents of Queensland. QLD law prohibits the advertising of personal injury legal services in Queensland. If you were injured in Queensland or if you are a resident of Queensland we are unable to refer you to a legal practitioner. Our legal service is not available for any QLD accident claims or accident claims connected with QLD. The content of this website does not apply to residents of Queensland or to accident claims arising in Queensland nor to accident claims connected with Queensland. This website operates by way of referral and the proprietors are not involved in legal practice. The proprietors may charge a fee to a lawyer receiving instructions in relation to your enquiry which is governed by a separate private agreement between the proprietors of the website and the legal practitioner.