It all depends on the success of your claim, which will depend on the quality of your evidence and the case you make when you make a claim.

Someone whose injury has had a significant effect on their quality of life (work, psychological, physical) is entitled to greater compensation than someone whose injury has had a minor impact on their life.

As is the case in other situations, the right to claim damages for injury depends on the circumstances, and the basic five elements must be proved:-

• extent of duty owed;
• breach of duty;
• pre-existing health prior to the accident;
• pre-accident lifestyle;
• injury complained of has been caused by that breach.

The amount of compensation also is determined by the following:

• General damages (loss of enjoyment in life due to suffering);
• Out-of-pocket expenses (medical bills, rehabilitation costs);
• Any loss of income and superannuation contributions;
• Potential medical or personal care costs that are likely to occur due to the injury; and
• The interest from the loss of earnings.

It is recommended to speak to Road & Footpath Injury Lawyers to discuss how to take the best course of action.

Every situation is different. In compensation claims, our Road & Footpath Injury Lawyers need to consider carefully:

• how the accident occurred;
• whether any element of the design or construction fell below reasonably acceptable standards;
• whether there had been a reasonable period of time within which the defect or to have been rectified; and many other things.

It is crucial that you:

• Report the accident as well as your injury to the proper authorities immediately. Make sure that you make a list of all the relevant details immediately, so you don’t forget any crucial details later on.
• Take pictures, if possible, of your injuries, the cause of your injuries, and or the scene of the accident.
• Record the details of any of the witnesses to the accident.
• Seek appropriate medical attention for your injuries. If the injury is serious, it is crucial that you see a medical professional as soon as possible in order to assess and report the injuries for evidence.
• Keep all receipts of any medical or out-of-expenses that relate to the accident.

Engaging an experienced Road & Footpath Injury Lawyers who specialise in local authority liability claims can make the process easier, more efficient and more likely successful for you.

To assist Road & Footpath Injury Lawyers with the investigation, it is important to try to do the following:

• Make notes of your recollection of all events relevant to the accident
• Record names and addresses of witnesses
• Take photos and video of the place where you were injured. “A picture tells a thousand words”. Sketches are also helpful
• Take photos and video of any product, equipment or object that injured you
• Take photos of your injuries
• Keep any defective product which caused an injury
• Keep details of your absences from work caused by the injury
• Make a list of visits to doctors, physiotherapists, chiropractors etc, for treatment and follow-up visits
• Keep all invoices and receipts for medical, chemist etc. expenses
• Record details of assistance provided by friends and family members
• Collect contractual records.
• Collect documents showing your loss of earnings and earning capacity, including wage slips, group certificates, income tax returns (for six years prior to the accident and each year after), references and resumes

It is essential to always speak to expert Road & Footpath Injury Lawyers about your situation. Your financial position should not prevent you from seeking legal advice in regard to the injury you suffered that you are ‘not-at-fault’ for.

Medical bills and taking time off work or, even worse, potentially not being able to return to work can be costly. Carter Capner Law offers a ‘no win, no fee’ service in most cases.