Sustaining injuries from a car accident may affect your ability to work and earn your regular income, this unexpected time can be very stressful and frightening for you and your family.
You only get one chance at motor vehicle accident compensation claims and it’s vital to get it right; your future depends on it. Need to talk to no win no fee car accident lawyers Brisbane? When you’re ready to talk, talk to us at Smith’s Lawyers – at home, at our Brisbane office, or at a location convenient to you – without pressure or jargon. If it’s time to talk, we’re here to help.
How do I know if I have a car accident compensation claim?
As with all personal injury claims, there are different circumstances to which you can claim compensation and no one motor vehicle accident is the same. Every individual person may experience injuries in different ways and the way they affect your life may differ from one person to the next.
If your injuries are affecting your ability to work or lead the life you did pre-accident then you may be entitled to no win no fee compensation through car accident claims. There are a few scenarios in which you may be eligible outlined here:
You were not at fault for the motor vehicle accident
If another party was at fault for the car accident, you are eligible to receive compensation for your injuries under a personal injury claim.
You were partly at fault for the accident
If the motor vehicle accident was partly your fault, you may still be eligible to receive compensation for your injuries. However, the compensation you may receive could be less than the amount you would receive if you were not at fault at all. Being partly at fault can include such driving habits as:
- Driving at an unsafe speed
- Failing to wear a seat belt
- Driving under the influence of alcohol
- Driving under the influence of drugs
- Travelling in a car where you were aware the driver was under the influence of alcohol or drugs
Driving under these circumstances all come with a choice, and you should choose not to drive if you or someone else is likely to have an accident. But at times we all do make mistakes; these mistakes shouldn’t affect the rest of our lives – sadly sometimes they do. So, it is important to take a moment to stop and think before you get behind the wheel each and every time.
You were fully at fault for the accident
In this circumstance car accident claims are not usually available.
Fill in the form below to find out if you have a claim.
Common car accident injury types
Whiplash occurs when the neck and head are suddenly forced backward and then forward, putting the spine through extreme stresses and abnormal movements. Most cases of whiplash are caused by car accidents where the injured person/s has been rear-ended.
Back injuries are quite common after car accidents, as the back absorbs an incredible amount of force and pressure. Any type of back pain, discomfort or abnormal symptoms should be taken seriously following a car accident. Sometimes, injury symptoms may not appear until several hours or days after the accident.
If you’re suffering a neck injury, your neck pain may appear immediately after the accident or the onset of pain may occur a few hours or days after the accident. No matter when you feel the pain it is important to get yourself checked over by your doctor. If you already have neck issues prior to your accident, the impact of an accident can worsen previous damage.
In a car accident, your body is held in place by a seatbelt when you are in the car, but your head and neck are unrestrained at the moment of impact. Sudden, rapid movement during a car crash can cause serious injury to muscles, tendons, ligaments, joints and nerves in the cervical spine and neck.
There are a number of reasons how people walk away with broken bones after car accidents, some include:
- Being ejected from a vehicle during the crash – not wearing a seatbelt at all or correctly can increase the chances of this happening.
- Crushing forces if your vehicle hits something solid on the side of the road or the other vehicle hits you with great force.
- Reaching forward to avoid or brace for impact or in an instinctive effort to protect the face.
- Being struck by the air bag or loose items tossed around the car.
- Slamming forward due to the impact into the seatbelts.
Any bone in your body can break from a car accident. Common car crash fractures often occur in the lower legs and femurs, arms and wrists, clavicles, hips, ribs and facial or skull. Spine and neck fractures are also common from head-on and rear-end accidents.
There are a number of internal organs that can be damaged during a car crash including the liver, spleen, kidneys and the brain. Signs and symptoms can include confusion, slurred speech, weakness, light headedness and low blood pressure.
During and accident the force of impact of the vehicles can cause the head to move forward and strike hard surfaces in the vehicle such as the steering wheel or windscreen.
A concussion or traumatic brain injury can cause memory loss, hearing and vision issues, and even permanent brain damage. Although a concussion is considered a mild traumatic brain injury (TBI), it can still lead to serious health effects.
A traumatic brain injury is a form of acquired brain injury, and can occur as a result of car accidents as the brain can receive sudden trauma and damage from the impact of the crash. TBI can result when the head suddenly and violently hits an object, or when an object pierces the skull and enters brain tissue, all of which could happen as a result of the crash.
Unknowingly at times and not unsurprisingly, many people suffer from post-traumatic stress disorder (PTSD) after car accidents. The more severe the accident, the greater the likelihood of emotional trauma. PTSD may affect the driver, any of the passengers and even may affect witnesses to motor vehicle accidents. Due to the nature of car accidents, they have the ability to cause a great deal of trauma in a matter of seconds.
Following your accident, you may experience a wide range of symptoms that are common to PTSD, from revisiting the event over and over again in your mind to suffering heightened levels of anxiety in your everyday life, even when you are nowhere near a vehicle or the scene of the accident.
What do car accident compensation claims cover?
The reasons to make a motor vehicle accident claim are varied. No one accident is the same and neither are the injuries you may suffer. If however you do find yourself with injuries and you are unable to work and take care of your family like you could pre-accident, you may be able to claim compensation. The following outlines what type of conditions can make up your compensation claim.
Pain and Suffering
You can get compensation for your pain and suffering (which is sometimes referred to as general damages). How much you get for this depends on the nature and severity of the injuries. Our expert car accident lawyers in Brisbane are best placed to give you the relevant advice when it comes to claiming general damages for your personal injury claim.
Medical expenses pertaining to your injuries
You may be compensated for all medical bills (including GP visits, surgery costs, rehabilitation, physio etc). This applies to costs which you have already incurred as well as future bills. (Your future bills will be estimated based on the evidence and the type of injuries you suffering).
Wages and Income
Often, after a motor vehicle accident you may not able to return to work for a period of time, or at all. And you may also find, even after returning to work, you struggle with full or normal duties. With this sort of circumstance, you may have to work reduced hours, reduced workload or a combination of both to help with your recovery.
You can recover all income lost after the accident. This is called past economic loss. You can also recoup any income which you may lose in the future. You will have to prove that there is a risk of future income loss. This is called future economic loss. You are also able to recover super contributions that you have lost or might lose in the future as a result of your injuries.
Care provided to you by family and friends
If family and friends care for you after the accident due to your injuries, then you are able to recover the commercial value of the time they spent with you. There are some restrictions and thresholds which must be meet before you can claim.
Out of pocket expenses
You are also able to recover travel expenses, parking costs and other incidental expenses incurred as a result of your accident.
Our team of experienced personal injury lawyers are very familiar with the ins and outs of what can be claimed for during a compensation claim, so if it is time to talk, we’re here to listen and give you the legal advice you need to make an informed decision.
The Motor vehicle accident claims process
The claims process can be quite difficult to navigate but the team at Smith’s Lawyers Brisbane are best placed to assist you through the process. When you are suffering from car accident injuries and are in pain, the added stress of a compensation claim can be overwhelming. The following four steps should guide you through your car accident claim.
1. Seek medical attention.
It is important to ensure that any injuries you have sustained as a cause of the accident are checked by a doctor and you receive medical treatment for them right away. Even if you don’t feel pain or don’t think you have suffered any harm, sometimes injuries take time to appear. When you see your treating doctor, be sure to mention how you sustained your injuries and keep any medical records and receipts, as these are required for any future claims.
2. Obtain registration details and any other information about the accident.
Be sure to gain the details of any participants that were involved in the accident. You should also ask the police or any witnesses for details of the accident. If the details are still unable to be obtained, such as during a hit and run, then you may still be able to lodge a claim regardless.
3. Report the car accident to the police as soon as possible.
It’s always a good idea to file a police report and the circumstances of the accident to be officially recorded. Ensure that once you have reported the accident, you receive an Queensland Police number as this will be required for the initial claim form.
4. Lodge a personal injury claim.
This claim must be also be lodged with the CTP insurer of the negligent driver, and within 9 months of the accident or within 1 month of instructing a lawyer, whichever is sooner. An experienced lawyer will be able to assist you with this part of the process and assist you to seek compensation to get you back on your feet again.
How our Brisbane Motor Vehicle accident lawyers can help you bring a claim
It costs nothing to gain legal advice when it comes to motor vehicle accident compensation claims and our team of experience lawyers in and around Brisbane can help you bring a claim for compensation. The legislation surrounding personal injury law can be overwhelming and confusing if you are not legally minded. There are strict time limitations in place to make a claim and the court system in general can be very confusing.
An experienced and understanding personal injury lawyer can help you navigate your way through the system and explain the evidence you will need to complete your claim for compensation. Engaging a personal injury lawyer means you can be sure your claim meets all legal requirements and you can access the claim via a no win no fee arrangement.
Frequently Asked Questions
Get expert advice today
To check your compensation entitlements, request a free case review with our expert car accident lawyers. We can explain your options to road accident injury claims so you are clear on your rights during this difficult time.
Fill in the form below to find out if you have a claim.
Disclaimer: This information is designed for general information in relation to Queensland compensation law. It does not constitute legal advice. We strongly recommend you seek legal advice in regards to your specific situation. For help understanding your rights, please call 1800 960 482 or request a free case review to talk to one of our lawyers today.