Melbourne Car Accident Solicitors - Injury Compensation Claim Lawyers

If you decide to pursue a compensation claim, there are a few terms that you will often hear during the process. We will provide you with an overview of what these terms mean and how they affect your case. The terms you will most likely hear on a regular basis during a road accident compensation claim include :

• negligence
• compensation
• limitation
• evidence

What Does 'Negligence' Mean?

If you are injured in a road accident in Victoria or interstate in a Victorian registered vehicle, a claim may be made for compensation under the Transport Accident Act. In Victoria, these claims are generally referred to as Transport Accident Commission claims, or TAC claims.

We have specialist accident solicitors in Melbourne who will provide free legal advice and No Win No Fee representation to all persons injured in road accidents, including drivers, passengers, pedestrians, motorcyclists, cyclists. Our lawyers deal with all transport accident claim types, including those involving cars, trucks, trams, buses, taxis, motorcycles, and bikes.

Any client who requires our Melbourne solicitors to provide legal representation for a compensation claim, can do so with complete peace of mind knowing that their case is being handled by a fully qualified personal injury lawyer throughout; this will in turn ensure the case will proceed swiftly and efficiently.

If you would like free advice, contact our legal team by calling our helpline or by completing the Contact Form.

To succeed in a Melbourne personal injury compensation claim it is necessary to prove negligence on the part of the other person. In a motor vehicle accident, this means establishing negligence on the part of the other driver. In its most basic terms, negligence is acting (or failing to act) in a reasonable manner when compared to the behaviour of others in similar circumstances. However the requirement to act reasonably only applies if one person owes another a ‘duty of care’ and in the case of a Melbourne road traffic accident, all of those who use the roads in Australia owe all other road users a duty of care to act reasonably. In order to be actionable in a court of law, there must be a duty of care in existence and the negligence must have directly caused some sort of harm or injury to the person bringing the legal action.

Road Accident Injuries

There are many different types of injuries that can occur during a road accident, but some of the most common types include traumatic brain injury, concussion, spinal cord injuries, spinal fractures, whiplash, rib and clavicle fractures, amputations, internal injuries, soft tissue injuries, back injuries, dislocations, abrasions, cuts, bruises and psychological trauma.

Front impact accidents include head on collisions with other vehicles or with a barrier, tree or pole. Injuries from a front impact collision will depend on the speed of the impact and type of vehicle. Older vehicles can be unsafe and cause greater physical injury during a crash, as they tend to have weaker brakes, no crumple zone, no airbags, no padding, and no head rests.

A rear end collision occurs when one vehicle hits another from behind. This often happens when a vehicle suddenly brakes in front. If the accident takes place on a busy road it can cause a multiple car pile up. Whiplash is one type of injury often seen with rear-end collisions. Other injury types include head, chest, spine, knee and lumbar injuries.

A side impact or side collision often occurs at a T junction or at an intersection, especially when a vehicle drives through a red light. The higher the speed, the greater the impact and resulting damage to the vehicles and the people involved. Severe injuries such as brain damage, head and neck injuries, paralysis, internal organ damage and pelvic fractures are often sustained in these types of accidents, particularly if there are no side air bags.

A car accident resulting in a rollover is considered to be one of the worse, often resulting in fatalities. A car rollover is often the result of turning at a very high speed, for example, when taking a corner, or when trying to avoid something blocking the road ahead. During the rollover the roof of the vehicle may collapse, blocking the doors of the vehicle, making it difficult for the passengers to escape.

When faced with these life-altering injuries and disabilities, you should seek legal advice and representation, to obtain the compensation you will need to reach a full recovery. If you have lost a family member as a result of a road accident, you may also be entitled to claim compensation.

Our lawyers are experts in handling car crash claims and will fully assess the circumstances of your crash, the extent of damage caused by the crash, and the maximum amount of compensation available to you under the law. Call us today for an obligation-free appraisal of your case.

TAC Claims

The Transport Accident Commission (TAC) is a Victorian Government-owned organisation which pays for treatment and benefits for people injured in transport accidents. The TAC runs a "no-fault" scheme. This means that compensation will be paid to an injured person, regardless of who caused the road accident.

If you have been injured in a road accident, you may be entitled to claim TAC compensation for the following:-

• Medical, dental, hospital, and rehabilitation expenses.
• Ambulance services.
• Medications.
• Physiotherapy, chiropractic, osteopathy, podiatry services.
• Psychology/ counseling.
• Loss of earnings.
• The cost of travelling to and from your accident-related treatment.
• Vehicle modifications.
• Home modifications.
• Domestic assistance, home help, child care, and gardening assistance.
• Lump sum payment for permanent impairment.

Our solicitors are experts in handling TAC claims, and appeals of TAC decisions. If you would like legal advice about making a TAC claim for your accident, contact us today. If you have already lodged a claim with the TAC, and you are unhappy with the TAC's decision (for example, your claim has been denied, or you disagree with the compensation benefits paid to you by TAC) you should seek legal advice as to whether it is possible to appeal TAC's decision. An appeal may be possible through the Victorian Civil and Administrative Appeals Tribunal. Our TAC lawyers can advise you of this option.

Fatal Accidents

Compensation in the form of weekly benefits and lump sum payments are available to the partner and/or children who were financially dependent on the deceased. The TAC will pay for funeral, cremation, and burial costs, any reasonable medical and hospital expenses. Counseling is also available to the spouse or partner, parents, children, brothers and sisters of the person who has died.

Common Law Compensation

If you have suffered a serious injury that is the fault of another person, you may be able to commence legal proceedings for common law damages. Serious injuries include those with a permanent impairment greater than 30%; injuries that involve long term impairment or loss of body function; permanent serious disfigurement; severe long-term mental or severe long-term behavioural disturbance or disorder; loss of a foetus. Our lawyers are experts in handling common law claims, and can handle your case on a No Win No Fee basis.

How is Compensation Determined?

Compensation is awarded in a court of law to try to put the injured party back into the position they were in before the accident occurred. This hypothesis is usually not achievable but compensation is awarded to place the injured person in the best possible position. The amount of compensation is usually awarded in two distinct categories known as special damages and general damages. Special damages represents compensation awarded based upon accurate calculation. General damages refer to compensation that is awarded based upon an assessment of loss. In most personal injury cases the award includes items of both special damages and general damages. Awards of compensation may include past and future wage loss, damage to personal property including vehicles, pain and suffering both physical and psychological, loss of advantage on the job market, loss of lifestyle and other losses that arise as a direct result of the negligence.

Does a Time Limit Apply?

In almost every jurisdiction throughout the world a claim for personal injury compensation must be either settled or proceedings must be issued within a certain time known as the ‘limitation period’ which is often outlined in a ‘Statute of Limitation’ failing which the opportunity to claim compensation is lost forever. These time limits are in place for the protection of the victim as well as the accused due to deterioration of evidence availability over time. In a personal injury claim Australia has three year limitation period. This time limit is important because it is usually not possible to issue proceedings after it expires and the opportunity to claim compensation may be lost forever. There are some exceptions to this rule. In some cases an injury is not discovered until months or even years after the incident and time starts running in this case from the date of diagnosis of the injury. Time does not run against minors until their 18th birthday and time may never run against those with a mental disability until such time as full capacity is regained.

Is Evidence Needed?

Evidence can be crucial in providing information about your claim. Evidence can prove exactly what happened in the incident. It is recommended that claimants get as much evidence as possible as soon as they can do so. Evidence will back up the facts, clarify issues and very often help a court to decide whether compensation should be awarded. What happened in the incident should be written down as soon as possible since memories fade with time. Other information required by a Melbourne car accident solicitor relates to the identification and contact information of all parties involved in the accident in addition any witnesses. Photographs of the accident scene and damaged vehicles are also valuable evidence. Medical evidence helps prove injury and it is important that you are examined by a doctor right after the accident and that you keep accurate records of all subsequent visits to any healthcare professional.

No Win No Fee Solicitors

Our personal injury solicitors have handled a large variety of complex road accident claims involving driver fatigue, distraction, inattention, poor judgment, recklessness, drugs and alcohol, speeding, failure to observe traffic signals or road signs, poor road design and hazardous road defects.

As an injured road user (driver, passenger, motorcyclist, cyclist, pedestrian), having the right personal injury solicitor can make an enormous difference, not only in obtaining a higher settlement, but in protecting your legal rights. Our lawyers will see that your loss is accurately assessed to provide maximum benefit. Legal representation is available under a No Win No Fee agreement.

If you or someone you love has been involved in a road accident you should take legal action as soon as possible as time limits apply to personal injury claims. Ensure that your rights or the rights of a loved are protected by contacting our service today.

The author of the substantive medical writing on this website is Dr. Christine Traxler MD whose biography can be read here