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If you have just been in a motor vehicle accident and are looking into a possible claim, read the following first. Then give us a call.
Motor Vehicle Accident Claims FAQ
If you have been injured in a motor vehicle accident, you may be entitled to compensation.
Who Can Claim?
If another person was responsible for the accident occurring, or you were only partially to blame for the accident happening, then you may be entitled to compensation.
Motor vehicle accident claims can potentially involve a number of different scenarios including collisions between cars, trucks, bicycles, motorcycles, trailers and pedestrians.
Even if you were not wearing a seatbelt, or the driver was unlicensed, or the car was unregistered, or the driver was intoxicated, you may still be entitled to compensation.
If the accident resulted in the death of your spouse, parent or child then you may also be entitled to claim.
Compensation, (also known as damages) is payable for both physical and psychological injuries caused by the accident.
The idea of compensation is to compensate you for the losses you have suffered as a result of the accident. It is to put you in the position you would have been but for the accident having not occurred.
The following is a summary of the more common categories of compensation payable in a motor vehicle accident claim:
- Pain and suffering. This category of compensation is to compensate you for the non financial consequences of your injury such as pain, discomfort, anxiety, impairment of your enjoyment and quality of life, loss of or reduced enjoyment of social and recreational activities and, in more serious cases, loss of career;
- Economic Loss: if you have been unable to work for more than 7 days following the accident you may be entitled to damages to compensate you for your loss of earnings. If you can no longer perform all of the duties required for your occupation or you have had to change jobs or cannot work at all, then compensation may be able for loss of earning capacity. Assessing this category of compensation involves looking at the extent to which your injuries will affect your capacity to work over the rest of your working life;
- Superannuation Losses: if you are entitled to receive compensation for Economic Loss then damages for Superannuation Losses are often also payable;
- Medical Expenses: you are entitled to payment of the medical and therapy treatment you require plus such additional items as medication. In South Australia the CTP insurer will pay such expenses while your claim continues to enable you receive the appropriate treatment. At the time your claim finalises it will generally include an allowance for what future medical treatment you are likely to require and an allowance for any equipment that may be necessary. For the more seriously injured home modifications may also be included into your claim;
- Voluntary Services: often when people are injured they require assistance from family to perform household and domestic tasks such as household cleaning, grocery shopping, household maintenance and gardening. In cases involving serious injuries this may extend to tasks of personal care such as assistance with dressing and undressing, showering, toileting and mobility. In such circumstances, compensation is often payable and is calculated by reference to the cost that would be incurred to pay someone to provide such services. This compensation can be awarded for the services provided from the date of accident to when the claim resolves and can also include a claim for future services if such services are reasonably required into the future;
- Paid Services: if you have had to pay someone to provide the services described above, then the cost of such services is often recoverable as part of your compensation claim. Alternatively, the insurer may agree to pay for someone to provide such assistance while your claim is being processed. At the time of resolution of your claim an allowance for future paid services may also be awarded.
If the accident involved a fatality then you may be entitled to compensation for any psychological injury you have suffered as a result of your loss. You may also be entitled to damages for loss of financial support if you were financially dependent on the deceased. Damages for loss of household services and assistance may also be payable.
Do I need a Lawyer?
It is advisable to have a lawyer acting for you to ensure that your interests are protected and to ensure that you receive appropriate compensation for your injuries.
At Lindbloms Lawyers we have a team of lawyers who have extensive experience in handling motor vehicle accident claims. Our lawyers have not only represented people with the more common types of injuries caused by motor vehicle accidents such as soft tissue whiplash type injuries and fractures but also claimants with catastrophic injuries such as severe brain injuries and spinal injuries.
We understand that being involved in an accident, and adjusting to a life with injury and pain, is a traumatic and emotional experience for you and your family. Our aim at Lindbloms Lawyers is to assist you in bringing your claim to ensure you maximise your entitlements. In doing so we hope to minimise the stress involved for you and your family members.
In the past years we have achieved many excellent settlements for our clients including damages in excess of $9.5 million for a 57 year old man who became a paraplegic after being involved in a motor bike accident and settlement for a pedestrian in excess of $1 million who was in her late 40’s when she was struck by a vehicle and sustained a serious psychiatric condition as a result.
We look forward to being of assistance to you.