Personal Injuries

Mason Westover Homburg has experienced personal injury lawyers serving clients as the region’s local solicitors and conveyancers, particularly the Rural City of Murray Bridge, Adelaide Hills, the Mid Murray including Mannum and Swan Reach, the Murraylands including Tailem Bend and Karoonda, the Coorong including Meningie and Salt Creek, the Upper South East including Tintinara and Keith, and the Southern Mallee including Lameroo and Pinnaroo.

If you have suffered personal injury as a result of the actions or neglect of another party consult Mason Westover Homburg.

Report to Police

If you are the driver or rider of a vehicle involved in an accident, report the accident to the police as soon as possible and not later than 24 hours after its occurrence. Take your licence and registration certificate with you. Do not admit any liability.

Reports to Insurers

If you are the owner, driver, or rider of a vehicle, report the accident promptly to both your third party insurer and your comprehensive insurer. Do not admit any liability.

Motor Vehicle Accidents Information

Your solicitor at Mason Westover Homburg will want to know the date, time and place of the accident, names and addresses of driver, passengers and known witnesses and the name of the third party insurer of all parties involved. You should also take your driver's licence and vehicle registration certificate with you.

If you are injured you should also give your solicitor at Mason Westover Homburg details of medical practitioners, specialists and other treatment you have received and any hospitals where you were treated for the injuries as a result of the accident.

Consult a Solicitor

If you or any other persons have been injured or have suffered damage to property in a road accident, consult a solicitor at Mason Westover Homburg promptly because if a driver (whether spouse, parent, child, friend or stranger) is wholly or partly at fault it is likely that the injured party will have a claim for damages.

If Unidentified Vehicle Involved

In all cases it is advisable where you have suffered damage to person or property to consult a solicitor at Mason Westover Homburg immediately so that he or she can take the necessary steps to protect your rights.

In some cases it is essential to take certain action - for example if the identity of a motor vehicle involved (whether directly or indirectly) is not known, as in the case of a "hit and run" driver.

There are special statutory provisions relating to personal injury claims arising out of such circumstances, but there are some strict conditions to be observed, in particular, early efforts must be made to find the other driver and a notice must be given to the Nominal Defendant promptly.

There are other cases also where early investigation and notice are either essential or highly advantageous. Claims can be compromised through lack of promptness in acting to protect your rights with the assistance of your experienced solicitor at Mason Westover Homburg.

List Expenses

You will be asked by your solicitor at Mason Westover Homburg to keep an accurate list of your expenses and monetary losses and obtain receipts wherever possible because the representatives of the other side's insurer will invariably ask for receipts and details of your expenses and loss. You should be aware that most medical expenses relating to treatment of compensable injuries are now limited by law.

Entitlement based on Negligence

Not every person injured in an accident is entitled to damages. The right to damages depends upon some other party being negligent (at fault) in either causing or contributing to the accident.

This other person may even be the driver of the car in which you were a passenger. Further, there are restrictions on the right to seek damages for injuries sustained. Beware of receiving advice from anyone other than a solicitor. Contact Philip Westover at Mason Westover Homburg for advice.

Apportionment of Responsibility

The responsibility for an accident is commonly apportioned between the parties (whether drivers, riders or pedestrians) according to their degree of fault. Your solicitor at Mason Westover Homburg will advise you in this regard.

If you receive a Summons

Promptly inform your solicitor at Mason Westover Homburg and your insurers if you receive a summons to attend a court or inquest in connection with the accident. Failure to respond to a summons may result in a judgement being entered against you. It is therefore important that you do not ignore any summons you receive.

Delays and Interim Payments

Some delay inevitably occurs before the final settlement of a claim. The medical assessment of residual disability and consequential losses may not be known for months and sometimes years. Fortunately, the law in South Australia permits interim awards of damages in appropriate cases, and your lawyer at Mason Westover Homburg will advise you in this regard.

Damages

Damages fall under two headings:

Special damages ~ which comprises such items as loss of earnings, medical and dental fees and the like, hospital fees and various out-of-pocket expenses as well as the loss arising from damages to clothing.
General Damages ~ which represent monetary compensation for such things as pain and suffering, loss of earning capacity and loss of enjoyment of life generally.

A party's entitlement to damages may be reduced if he or she has been at fault to some degree.

Legal Expenses in Damage Claims

"There is no such thing as a free lunch"

In normal circumstances, costs and disbursements will be payable at regular intervals during the progress of your claim, and the terms of your retainer will be established at the first interview with Mason Westover Homburg or very soon after that. If you are uncertain about how you will pay for your action, talk to you solicitor about it.

If you are not able to pay costs and disbursement from your own resources and if your solicitor is confident that you will be successful in your claim, Mason Westover Homburg may be able to arrange a special package through the Law Society to fund the claim. This involves an advance which is drawn upon as the case proceeds, and which is repaid with a premium from the settlement, so that you are not required to call upon your own financial resources during the course of the claim.

Mason Westover Homburg
Barristers ~ Solicitors ~ Conveyancers
4 First Street PO Box 221 Murray Bridge SA 5253
Telephone (08) 8532 3288 ~ Facsimile (08) 8532 6073