Car Accident Claims - Negligence Compensation Solicitors - Australia

LAWYER HELPLINE: 1800 633 090


The law of negligence so far as it relates to accident compensation claims has a long history going back almost a thousand years however modern concepts relating to personal injury damages and the right to claim against a third party on a basis other than contract is a relatively modern concept originating in the 20th century whereby it became possible for anyone injured in an accident to claim against a third party as opposed to just those who had a contractual relationship with that third party. Since the original ground breaking case, the law has been substantially reformed and parts of it now rely on statute however the basic principles still apply to all car accident compensation claims involving negligence by a third party.

Definition

There are many definitions of this concept and the law of negligence has never been formally reduced to statutory definitions. Such definitions as there are have usually been stated by judges in the course of high profile personal injury cases usually in a court of appeal. The proposition in regards to car accident compensation claims may best be defined as 'failing to do what a reasonable person would do or doing what a reasonable person would not do'. The most important part of any definition of this concept always revolves around the word 'reasonable'.

Duty of Care & Causation

The law of negligence in a car accident compensation claim relies on three basic propositions and in order to succeed in personal injury cases claimants must show the following elements :-

    Duty of Care
    This means that the victim must be owed a duty of care by the third party. Again this is a difficult concept however it is best explained by example :-

    • all road users owe other road users a duty of care
    • healthcare practitioners owe their patients a duty of care
    • the owners of property owe guests a duty of care

    Breach of the duty of care
    Means that the third party has failed to take reasonable care to avoid acts or omissions that will cause harm to the victim.

    Causation
    It is necessary to prove that the act or omission by the third party actually caused the harm complained of by the victim.

    Damage
    Proof is needed that the victim has actually suffered harm by way of loss, damage or injury as a result of the behaviour of the third party.

Damages Assessment

Once the law of negligence has been used to establish liability in a car accident compensation claim most personal injury cases move on to an assessment of the award of damages. For the sake of convenience lawyers divide compensation that may be payable to the victim into several classes :-

    General Damages
    Represents compensation for the value of items that are difficult to calculate on a strict mathematical basis and require a degree of assessment.

    Special Damages
    Represents compensation for items that can be calculated with a reasonable degree of mathematical certainty and do not require assessment.

    Future Losses
    This item is often not included in either of the two previous categories as it often has characteristics of both.

    Interest
    Is awarded on all categories of compensation but at different rates and for different periods dependent on the specific item.

Car Accident Claim Solicitors

Our car accident claim solicitors provide a level of excellence in the specialist field of car accident compensation claims which takes a high level of commitment, substantial investment and constant training. Our lawyers offer the no win no fee scheme and will give free advice without any further obligation. If you would like to speak to a qualified solicitor just use the helpline or email our offices.


LAWYER HELPLINE: 1800 633 090

CONTACT FORM

Name


Address 1


Address 2


Address 3


Home Tel


Work Tel


Mobile Tel


Email