PERSONAL INJURY COMPENSATION CLAIM -
LAWYER HELPLINE: ☎ 1800 352 100
Have you been injured in an accident that wasn't your fault?
Unsure whether you can claim compensation for personal injury?
Are you looking for a personal injury compensation claim solicitor?
Our specialist personal injury compensation claim solicitors use the no win no fee scheme and damages are paid in full. If you would like advice with no further obligation from a specialist solicitor just use the helpline or complete and send the contact form or email our offices.
If you have had an accident in the workplace, on a road, at the shops, anywhere, then you may be entitled to claim damages. Whether you have suffered strains, sprains, whiplash, fracture, dislocation or more severe, long-term damage you may be entitled to substantial compensation.
Finding the right personal injury compensation claim solicitor can be a frustrating process. How do you know who to choose? How do you know whether they are experienced enough to handle your case? Do they have access to the best possible medical experts? Can they provide accurate advice? Will they conclude your case in a timely manner or will you be waiting years and years before you see any money? Our lawyers are personal injury experts. They have many years of experience in handling a wide variety of accident claims. They have access to excellent medical experts and can provide you with accurate, comprehensive advice. The best part of this is that it does not cost you anything to access our service. Its completely free! You can speak to a personal injury compensation solicitor and make up your own mind as to whether you want to use them or not. There is no obligation. If you do decide to go ahead with them, it won't cost you a penny because they all operate on the no win no fee scheme. Win or lose there is no charge.
How Do I Prove My Case?
Our personal injury compensation claim lawyers will advise you about what is needed to establish liability. Generally speaking, if it can be proved on the balance of probabilities (the civil standard of proof) that somebody else was negligent and as a result of their negligence you have suffered injury or loss, then you will be compensated for your loss.
How Much Compensation?
The amount of compensation that you will be entitled to will depend on the severity of your injuries and disabilities and the extent of your loss. A compensation award is comprised of different categories as follows:-
Compensation for pain and suffering; loss of amenities of life; loss of life expectancy.
Loss of Income: includes past and future income loss.
Out-of-pocket expenses: includes medical expenses; pharmaceutical expenses; rehabilitation services; cost of travelling to and from medical appointments to receive medical treatment.
Gratuitous domestic care provided to you by family members or friends as a result of your illness, injuries and disabilities.
Interest on damages
Interest on damages is paid at a rate and from a time set by the court until the date of payment of compensation
Alternative Dispute Resolution
When advising about the resolution of a personal injury compensation claim, litigation is not the only option. There is a range of processes available. Whatever the process chosen, thorough preparation is the key to achieving a successful outcome. Whether the dispute is negotiated, litigated or mediated, the preparation required is similar.
Mediation is a structured negotiation process in which a mediator, who is independent of the parties and neutral, assists the parties to reach an agreement
Negotiation may be described as informal discussion by the parties to reach agreement which may take place before or after the commencement of litigation. Over 90% of cases in which litigation is commenced finalise as a result of an acceptable personal injury settlement offer. Many personal injury compensation claims are settled by negotiations between the parties either in a formal setting such as a pre-trial conference or informally by telephone or in face to face negotiations.
A conciliator attempts to negotiate between the parties but does not bring the parties together.
Arbitration is similar to a trial where an arbitrator hears the evidence of the parties and makes an award.
Whatever method is used to resolve your personal injury compensation claim, it must be remembered that once a financial settlement has been finalised the terms become binding between the parties. That is, at the conclusion of your case, you cannot go back for more money, even if your symptoms worsen.
Glossary of Personal Injury Law Terms
LAWYER HELPLINE: ☎ 1800 352 100
Duty of Care
Standard of Care
Did the accident directly cause the injury suffered by the victim. A personal injury law solicitor needs to pay particular attention to this issue.
Remoteness of damage
Did the damages occasioned result from the breach of duty of care or from some other cause? In motor vehicle damages cases, damage caused in a previous accident may be wrongfully claimed in a suit for recent damage, and naturally the defendant is not liable for any prior damage if the correct situation is brought out in evidence.
Burden of Proof
Who carries the burden of proof? In a compensation case, the legal burden of proof lies on the party who asserts the proposition. If a plaintiff is suing for personal injury damages, the plaintiff carries the burden of proof- that is, the onus is on the plaintiff to establish their case according to legal principles.
Standard of Proof
The standard of proof generally required in an action is the civil standard of the 'balance of probabilities'. For example, in motor vehicle cases, the questions are whether on the balance of probabilities the collision was caused by a breach of duty on the part of the defendant and whether the damages were caused by that breach of duty.
Apportionment of Damage due to Contributory Negligence
If you are partly to blame for your accident, then you may still be entitled to claim compensation, but you will receive a reduced amount.
Compensation that may be awarded includes: General damages (pain and suffering), Economic Loss (loss of income), Out-of-pocket expenses (medical expenses, pharmaceuticals, physiotherapy, chiropractor), gratuitous domestic care.