Car Accident Claims
You are entitled to a lump sum compensation payment if you have suffered injury in a car accident caused by another person’s negligent driving.
Even if you are partially at fault in causing the accident you can still claim.
You can claim compensation for:
- “General damages” for your injuries; permanent disability or loss of function; pain and suffering; scarring or disfigurement; loss of enjoyment of life; inability to pursue pre-accident hobbies or lifestyle choices.
- Loss of income from the date of accident until the date the case is settled.
- Any future loss of income which is likely to be incurred after the case is settled.
- Past and future loss of superannuation benefits.
- Treatment expenses incurred from the date of the accident until the date the case is settled.
- Future treatment expenses likely to be incurred after the case is settled.
- Travel expenses incurred from the date of the accident until the case is settled as well as future travel expenses likely to be incurred after the case is settled.
- Any other financial losses incurred from the date of the accident until the date the case is settled and losses which are likely to be incurred after the case is settled including: compensation for help you have received from family members and friends to assist you in undertaking day to day activities (known as “gratuitous services”); care costs; alterations to home; equipment costs; etc.
For any person aged over 18 years a three year statute of limitation period applies. For persons aged under 18 years the limitation period can extend longer than 3 years.
Legal costs are paid at the conclusion of the claim and a good proportion of your legal costs will be paid by the Insurance Commission.
There is a “gap fee” the client pays and is usually not more than 10% of the final payout.
No legal costs are payable while the claim is running and the clients contribution towards legal costs are deducted from the settlement proceeds.
Any medical report fees; Court filing fees or other disbursements which need to be paid to run the case, Separovic Injury Lawyers will pay on your behalf.
The vast majority of claims are settled with a minimum of fuss at a settlement conference (known as a District Court “Pre-Trial Conference”) and only in rare cases is it necessary for the claim to be decided at trial by a District Court judge.
Most cases settled by this practice are:
- Settled within two years from the date of the accident.
- Settled within the expected settlement range.
- The client’s legal costs are within the pre-settlement estimates provided by the Practice.
The vast majority of our clients are very happy with the final outcome and provide favourable feedback at the conclusion of their claims, regarding our services and the claim’s process.
In motor vehicle accident claims a general damages threshold applies. Click here for the current threshold table.