Introduction
Car accidents are unfortunately a common occurrence, and they can have a significant impact on the lives of those involved. Not only do they cause physical and psychological injuries, but they can also lead to emotional trauma and financial losses. If you or someone you know have been involved in a car accident in Perth, it's helpful to understand the role of a car accident lawyer and how they can assist with your injury claim.
This article will discuss the various ways in which car accident lawyers Perth can help you receive the compensation you are entitled to.
I. Evaluating Your Case
The first step a car accident lawyer will take is to evaluate your case thoroughly. This process involves:
Gathering relevant information:
Your lawyer will collect all necessary details about the accident, such as police reports, crash reports, witness statements, medical records, and photographic evidence. This information will be critical in building a strong case.
Assessing liability:
Determining who is responsible for the accident is crucial. Your lawyer will examine the evidence to establish fault, which will affect the outcome of your claim.
Calculating damages:
Your lawyer will assess the extent of your injuries and other losses resulting from the accident. They will then determine the appropriate amount of compensation to pursue.
II. Negotiating with Insurance Companies
Insurance companies like most businesses are expected to be profitable and consequently they aim to minimise their payouts, and therefore dealing with them can be challenging. A car accident lawyer has the necessary experience and knowledge to negotiate effectively on your behalf. They will:
Communicate with insurance investigators and claims officers:
Your lawyer will handle all communication with the insurance company, ensuring that your rights are protected and your claim is not undervalued.
Review insurance policies:
An experienced car accident lawyer will thoroughly review all relevant insurance policies to identify any potential coverage that may apply to your claim.
Advocate for fair compensation:
Your lawyer will use their negotiation skills and understanding of personal injury law to argue for the highest possible settlement on your behalf.
III. Preparing for Litigation
In Perth, Western Australia if your claim is complex, high-value, long-standing, close to becoming statute barred due to the expiration of limitation period or negotiations with the Insurance Commission of Western Australia fail to produce a satisfactory settlement, your car accident lawyer may advise you to commence an action in the District Court of Western Australia. They will:
Draft legal documents:
Your lawyer will prepare all necessary legal paperwork to commence the action, including a Writ of Summons with Indorsement of Claim or Statement of Claim.
Obtain evidence:
Your lawyer will gather additional evidence to strengthen your case, such as medical records, reports and medicolegal reports from independent specialists.
Advise and assist with negotiations at a pre-trial conference:
Before your matter proceeds to trial you will be required to attend a pre-trial conference with the Insurance Commission and its lawyers. Your car accident lawyer and barrister will provide you with advice with respect to offers made, suitable counter offers and will negotiate with the Insurance Commission on your behalf.
Represent you in court:
If your case goes to trial, your lawyer and barrister will present the evidence and argue on your behalf, using their legal expertise to persuade the judge to award you the compensation you deserve.
IV. Obtaining Compensation for Your Injuries
A car accident lawyer will help you pursue compensation for various types of damages, including:
Medical expenses:
These include the cost of hospitalisation, surgeries, medications, physical therapy, and any future medical treatments you may require.
Lost income:
If your injuries have caused you to miss work or reduce your earning capacity, you may be entitled to compensation for lost wages and future income loss.
Pain and suffering, loss of amenities and loss of enjoyment of life:
Collectively known as general damages and awarded for the purpose of compensating you for your physical and psychological injuries, associated pain and suffering and the adverse effect of same on your life.
An experienced personal injury lawyer will consider all of the relevant evidence relating to your claim, similar case law and other matters in which they have acted, in order to quantify and advise you with respect to an appropriate amount for you to seek by way of general damages.
V. Protecting Your Legal Rights
A car accident lawyer will ensure that your legal rights are protected throughout the claims process. They will:
Advise you on the relevant statute of limitations:
Personal injury claims are subject to strict time limits, and your lawyer will ensure that your case is filed within the appropriate timeframe so as to ensure that it does not become statute barred. In Western Australia legal proceedings relating to a standard claim for personal injury damages must be commenced within 3 years from the date of the accident, failing which the claim will become statute barred. However, you should seek legal advice with respect to your particular circumstances as exceptions do apply.
Prevent you from making damaging statements:
Insurance companies may attempt to use your statements against you to reduce or deny your claim. Your lawyer will guide you on what to say and what not to say during conversations with insurance investigators and other relevant parties.
Handle associated claims:
In some cases, medical providers, private health insurers, Medicare and/or Centrelink may have a claim to a portion of your settlement. Your lawyer will ensure that such claims are adequately addressed and resolved.
Preserve evidence:
Your lawyer will work to preserve critical evidence that supports your claim, such as dash camera footage, crash scene photographs, videos, witness statements and medical records.
VI. Offering Emotional Support
Dealing with the aftermath of a car accident can be an emotionally challenging experience. A skilled car accident lawyer will not only provide legal representation but also offer emotional support and guidance throughout the process. They will:
Listen to your concerns:
Your lawyer will take the time to understand your unique situation and the impact the accident has had on your life.
Provide empathy and understanding:
A compassionate lawyer will offer emotional support and understanding, helping to ease the stress of pursuing a claim.
Offer reassurance and guidance:
An experienced car accident lawyer will be able to reassure you and guide you through the legal process, providing clarity and direction during a challenging time.
Conclusion
Car accident lawyers play a vital role in helping accident victims secure the compensation they need to recover from their injuries and move forward with their lives. By evaluating your case, negotiating with insurance companies, preparing for litigation, obtaining compensation, protecting your legal rights, and offering emotional support, a skilled car accident lawyer can make a significant difference to the outcome of your injury claim.