Despite drivers being careful and aware, there are many accidents on Australia’s roads every year, and in many cases, someone suffers a personal injury. It might be anything from a bruised neck to a life-threatening accident that has left the person paralysed, and if a third party was partially or fully negligent, then the injured party can claim personal injury compensation. Every driver would obviously have at least third-party insurance and this covers any compensation claim that a person might make, and even when a driver does not have insurance, there is a government fund that will settle such claims.
Simply put, in order for a court to order compensation to be paid to a person who suffered a personal injury, there must be some evidence of negligence, and compensation lawyers are well aware of this. If you think that your injury was caused by a negligent third-party, then you should search online for a personal injury lawyer, and they would be happy to listen to your account of the incident and should the lawyer feel you have a strong case for a compensation claim, he or she would be prepared to represent you on a no win-no fee basis. This means if your claim is rejected, you have nothing to pay your lawyer, so you won’t have a nasty shock with a legal bill, as the lawyer only gets paid if you win the case.
In order to convince the court that a third-party was responsible for your injuries, you will need some tangible evidence to present to the court. This could take the form of the following:
- Video footage of the accident or scene of the accident.
- Still photos of the scene of the accident or your injuries.
- Witness statements – In the event there were witnesses.
- Medical reports – X-rays or doctor’s notes.
- Dialogue with the third-party – If the driver of one vehicle told you they were at fault, this could be used as evidence of negligence.
- Police reports.
The lawyer would amass all of the evidence and proceed with the claim, according to the legal requirements, plus they would represent you in court, using their skills to secure you a favourable outcome. Your lawyer would meet with you several times leading up to the court date, as he or she builds a strong case that will hopefully result in you receiving a fair settlement, and let’s not forget, you only have to pay your lawyer in the event you are awarded a sum of money.
Out of Court Settlements
If, for example, a driver was convicted of drunk driving, which caused your injury, then the driver’s insurer would prefer to settle out of court, as negligence is not in dispute. It is better for all concerned if a settlement is reached without having to waste the court’s time and resources, and in such cases, the lawyer would use their skills in obtaining a favourable sum of money for their client. All expenses related to the injury would be taken into account, as well as time off work, and should there be any lasting injuries, this would also be taken into consideration when agreeing a sum. If the third-party driver has been convicted of careless driving, or any other offence that implies negligence, this would also be presented to the court, as evidence of negligence.
A court might rule that a driver was partially negligent, and in such cases, the court would award the injured party a portion of the amount that is listed for specific injuries. Partial liability is often the result, as there are often other variables that can come together to cause a road traffic accident.
If you have suffered a personal injury due to a vehicle accident, search online for a personal injury compensation lawyer, and they would be happy to offer you a free consultation (with no obligation) to assess the strength of your claim. The lawyer would be frank with you regarding your chances of a successful claim and if they feel you do not have much of a case, the lawyer would advise you not to proceed with the claim.
If, on the other hand, the lawyer feels you have a strong case, he or she would be happy to represent you and they would take the case on a no win-no fee arrangement, which protects you. The legal expert would then compile all the available evidence and the lawyer can usually tell when an insurer wishes to settle out of court, which is obviously a better outcome that taking the claim to a court.
It costs nothing to find out how you stand, and even if the injury was sustained a year ago, you can still lodge a compensation claim.