Don’t know what to do after an accident? Here are your rights and entitlements
Personal injury laws in Australia cover accidents in traffic, in public and private properties; and during medical treatments or working. Although each occasion is examined regarding the Act in compliance with, some entitlements and criteria are common. It’s certain that the party at fault is liable for recovering the loss of the victim. However, the process isn’t as simple as it is described. The process can last for months. During the process, an in-depth investigation might be needed as the insurer or the court will need to examine many variables involved in the accident. Such as the victim’s failure to act responsibly for his/her own safety, the defendant's attitude, and both parties' duties and how these duties were breached. Although the victims generally do not owe a legal duty to others, they are still responsible to act reasonably to avoid major health conditions in case of an accident.
Motor vehicle accidents can get confusing due to a lack of knowledge
Every citizen in Australia should be certain that any unjustness and aggrievement will be fixed and relieved by means of laws designed specifically for each situation. If a victim of a motor vehicle accident believes that they are suffering from a loss due to someone else’s behaviour, the first step of pursuing rights can be started by talking with a lawyer. An accident in the traffic might cause many problems even if it’s a minor accident. Not being able to go to work, sustaining injuries and suffering pain can be quite frustrating for anyone involved in a similar accident. If you can’t work, you may lose your income, if you sustain injuries, you may not be eligible to work and if you are not in a good mental state, these problems can get harder to deal with. This is how a chain reaction can start after a car accident. It is a known fact that due to long-lasting injuries; mental problems can appear and the whole process can get even harder for the victim. Same for being unable to work. Loss of income can be dealt with in short term, however, more serious problems might be awaiting the victim. To prevent all these, laws give options to both parties to claim motor accident compensation through the third-party insurer.
In motor vehicle accidents, both parties can recover their loss by means of monetary compensation. The loss can be additional and unexpected expenses such as medical expenses after the accident; or physical loss for being unable to work, sustaining injuries and decreased capacity to perform daily tasks. Loss of the victim due to temporary and permanent physical disabilities can be compensable. This includes payments for medical expenses, emotional loss, loss of wages and permanent impairment. Although both parties may be eligible to claim compensation, the entitlements might differ. To understand your entitlements, both parties can take a glance at a detailed motor accidents guide.
Accidents in public places can occur regardless of place, time and occasion
These accidents can result from the victim’s own fault or from someone else’s negligent actions and behaviour. Even if the accident is a simple slip and fall accident, the outcome can be a lot more serious and devastating. The number of public liability claims filed each year for these accidents are quite shocking. Service providers throughout Australia commonly owe a legal duty to their visitors, clients, patients and customers. The duty is to provide their services whilst keeping their visitor’s health condition in a good state. Lack of acting responsibly can be risky and be the main reason for an accident. In this case, the victim can claim negligence compensation as the accident could have been prevented if care was taken by the service provider.