Accident Compensation Solicitor - Injury Claim Lawyers

LAWYER HELPLINE: 1800 352 100

Have you been injured within the last three years?

Unsure whether you can claim compensation?

Are you looking for an accident compensation solicitor?

Our accident compensation solicitors use the no win no fee scheme and compensation is paid in full. If you would like advice at no cost with no further obligation from a specialist personal injury solicitor just use the helpline or complete and send the contact form.

Negligence

To claim compensation you usually have to prove that there was blame on the part of another person which occurs when there is a breach of duty of care which results in damage. accident compensation solicitors must prove three negligence elements to claim compensation :-

    Breach of the duty of care:-

      Is a failure to take reasonable care to avoid acts and omissions which would be likely to cause injury to another person.

    Causation:-

      The breach of duty of care must have caused or contributed to the damage suffered, be it physical, mental or economic loss.

    Damages:-

      You must have suffered some actual loss, damage or injury.

Essential Evidence

  • name and contact details of all others involved in the accident
  • name and contact details of any witness to the accident
  • record insurance details of all others involved in the accident
  • make a handwritten record of the entire incident
  • record date and time of the accident location
  • record weather and road conditions
  • note the registration number, make and model of all vehicles
  • do not admit liability or sign written statements at the scene
  • record names and numbers of the attending police officers.
  • draw a diagram of the accident location
  • photograph the location and damage to all the vehicles
  • Visit your doctor or a hospital asap to document injuries
  • take photographs of any visible injury
  • Keep a daily diary of your symptoms
  • Record all expenses and property damage - retain receipts

Compensation Awards

If it is proven that negligence occurred causing damage, then you will be entitled to an award of compensation. The judge will listen to the arguments put forward by your accident compensation solicitor and will consider all the circumstances of your case in order to assess the extent of your loss. The judge will look at the following factors in determining how much you can claim:

  • medical history relative to the accident injury
  • present condition from which you are suffering
  • results of any medical examinations before or after the accident
  • results of diagnostic procedures - x-ray, scans, pathology etc
  • diagnosis and prognosis of your condition
  • were the injuries were caused by the accident
  • has your medical condition stabilised
  • is any prospect of further improvement or deterioration
  • is there any residual disability and its extent
  • is more treatment required and its potential effect
  • are you fit for any work and if so, what type of work
  • cause and extent of any loss of capacity for work
  • If it is alleged that a pre-existing disease or condition has been aggravated, the extent to which that aggravation is continuing and the effect of the aggravation on your ability to work; whether that disease or degeneration may occur in the future.

A compensation award is comprised of different parts which may include the following heads of damage:

    Special Damages - items that can be calculated with accuracy:-

    • loss of income for the past and future
    • loss of pension
    • Value of free care provided by family members or friends
    • Out-of-pocket expenses

    General Damages - items that need to be assessed:-

    • compensation for pain and suffering
    • loss of amenities of life
    • loss of life expectancy.

    Interest - available on some accident compensation items

Many victims of accidents have had their lives irrevocably altered and feel a strong sense of injustice. More often than not they are in pain and have a sense of loss of control over their lives. Many may be unable to meet bills, unable to pay their mortgage or meet their rent following an accident. The law attempts to restore the accident victim to their original position prior to the accident, by compensating for any injuries, loss or damage incurred as a result of somebody else's failure to take reasonable care.

Time Limits

The law places time limits within which legal proceedings must be commenced for personal injury compensation. In Australia you only have three (3) years from the date of an accident within which to settle a claim or commence legal proceedings. Failure to commence legal proceedings within the time frame stipulated by the law will result in your action becoming statute-barred, that is, you will be prevented from commencing proceedings at all which is why you should seek legal advice as soon as possible. Contact our accident compensation solicitors today for legal advice.

No Win No Fee

Our no win no fee solicitors deal with personal injury claims using a risk free conditional fee agreement and pay compensation in full with no deductions. Win or lose there is no charge. If you would like advice with no further obligation from an accident compensation solicitor just use the helpline or complete and send the contact form:-

  • You do not have to contribute financially to your claim.
  • Whether you win or lose your case, you will not pay a penny.
  • Your compensation will be paid in full with no deductions.
  • You will not have to pay for any medical fees or expenses.
  • You will not have to buy any insurance.

Injury Claim Preparation

In order to be able to give you advice, an accident compensation solicitor will ask you a series of questions and request documentation and information at your initial consultation including :

  • full name and current address, date of birth and marital status
  • complete history of employment and educational background
  • driving experience and license details
  • vehicle insurance details including a copy of the policy
  • date, time and location of the accident
  • light and weather conditions at the time of the accident
  • full details of the accident location
  • direction of travel, type and width of the road and speed limit
  • details of intersection, traffic control signals and traffic lights
  • colour of any traffic lights immediately prior to impact
  • traffic conditions
  • whether or not street lights and vehicle lights were on
  • colour, makes and registration numbers of all vehicles
  • names and addresses of all drivers of vehicles involved
  • whether or not seat belts were fitted and worn
  • whether or not any person was affected by alcohol or drugs
  • direction of travel and estimated speeds at the point of impact
  • details of the extent of vehicle damage
  • witnesses to the accident including contact details
  • police officers names and collar numbers
  • Details of all injuries and anticipated prognosis for recovery
  • details of all hospitals and GP attended
  • professional addresses of all of all treating doctors
  • information about prospective future treatment
  • details of employment, periods off work and income loss
  • all out of pocket expenses and invoices
  • photographs of location, damage and injury.

Accident Compensation Solicitor

At your initial interview, your accident compensation solicitor will take instructions and obtain sufficiently detailed information to :-

  • identify the parties in dispute
  • identify the issues in dispute
  • evaluate the available evidence
  • understand exactly what you (the client) wants to achieve

Most accident compensation solicitors will give you preliminary advice on the likely outcome of your potential claim. After review of the available evidence they will explain the relevant legal principles so that you understand the basis for their advice. Your solicitor will tell you whether any further information or instructions are required. Where it will be helpful, they may give you a check-list after meetings and at the end of correspondence.

Compensation solicitors legal advice will cover :-

  • all potential legal claims
  • whether you are likely to succeed
  • limitation period applicable to your claim
  • likely amount of damages which you may receive.

Your lawyer will assess whether the litigation will resolve the dispute in a way which meets your objectives. They will advise you of how long the litigation is likely to take and how much attention you will have to give to the matter. Almost all cases settle without the need for a court trial. Usually, the sooner they are settled, the more satisfactory it is for the client.

If your claim has not been settled out-of-court, it will be listed for hearing before a judge. At the hearing, the plaintiff (the person claiming compensation) presents the evidence in support of their claim by oral testimony from witnesses. Each witness is examined, cross-examined and re-examined.

At the completion of the plaintiff's case, the defendant's case is presented in the same way. After the hearing, the judge will adjudicate and give a verdict. If the defendant is found to have been negligent, then you will be awarded compensation.

By using our service, you will be accessing the very best legal expertise from accident compensation solicitors with extensive experience in all aspects of personal injury litigation including:

  • access to expert witnesses
  • negotiation, mediation and alternative dispute resolution skills
  • drafting comprehensive and plain English legal advices for clients
  • excellent communication, interviewing and listening skills
  • preparing technically accurate pleadings (court documents)
  • Investigation and research of medical, legal and factual issues
  • Case management
  • Calculating quantum (damages)
  • Advocacy Skills

LAWYER HELPLINE: 1800 352 100