Australian solicitors deal with a wide range of personal injury claims following a road traffic accident, including passenger accident compensation. Passenger accident solicitors can arrange medical examinations and urgent private treatment can be undertaken at short notice, to assist recovery, with some of the most eminent medical consultants. It is important that a qualified solicitor is involved from the very start of your passenger accident claim to ensure that you obtain fair and reasonable compensation. A passenger accident solicitor will deal with all personal injury claims varying from minor whiplash to spinal injury and brain damage. Most passenger accident claims are dealt with using the no win no fee scheme. Risk of loss of a claim is minimal for a passenger almost all of whom will succeed. A passenger accident solicitor does not charge legal fees when using the no win no fee scheme until compensation is paid. If the claim is lost there is nothing to pay. No win no fee compensation claims are usually completely risk free.
Negligent Driver Responsible
There is a general misapprehension regarding injuries to passengers as a result of a car accident. Many people believe that if the driver of the car in which they were traveling at the time of the accident was negligent and at fault for causing the accident that they will not be able to claim compensation for their injuries. Exactly the opposite is in fact the case. Passengers will almost always succeed in a claim for damages as they can claim either against their own driver or against the other driver dependent on who caused the accident. They also have the option of claiming against both drivers if both drivers were negligent and contributed to the cause of the accident. The effect of this is that following a passenger accident compensation claim made to one or both of the drivers, the relevant insurers will, in order to reduce legal costs, pay out damages to the passenger at an early stage and will then argue between themselves as to who was actually responsible for the accident, before adjusting the financial situation between themselves. These disputes will not involve the passengers who will have already received their damages.
Compensation Awards
Damages that may be awarded in a passenger accident compensation claim can include:
General Damages:
Represents compensation for the pain, suffering and loss of amenity and is evidenced by medical reports.
Special Damages:
Represents calculable financial losses including;
loss of earnings
taxi fares home
prescriptions
traveling expenses to attend hospital
the cost of care
future losses:
Distraction by Passenger
There are limited situations where claims for passenger accident compensation will not receive an early settlement and the most frequent, but rare, scenario relates to the driver alleging that the passenger distracted him thereby causing or contributing the accident. This situation has occurred in the past where a passenger has passed over a lighted cigarette or foodstuff thereby distracting the driver who loses concentration which results in an accident.
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