My son was killed in a car accident involving a garbage

Concerning this important matter, you may have a claim of negligence for breach of duty care by the other party.

A plaintiff (you Claiming on behalf of your son) claiming negligence must prove, on the balance of probabilities, that:

[1] the defendant (the other party) owed the plaintiff a duty to take reasonable care (as to the design or manufacture of the product, or as to the instructions or warnings provided with the product);

[2] the defendant breached this duty (they did not take reasonable care);

[3] the breach of duty caused or materially contributed to the plaintiff’s injury, loss or damage; and

[4] the injury or damage suffered was not too remote a consequence of the breach of duty.

The standard of care owed by a defendant is determined on a case by case basis and so will depend on the circumstances of each case. The courts will look to applicable professional standards, codes of conduct and evidence of “best practice” in the relevant industry in assessing the standard of care.

The statutes of limitation in force in each Australian jurisdiction may also give rise to a defence. They prescribe the general period within which an action for negligence must commence. Failure to initiate proceedings within the required limitation period will bar the action, subject to the possible suspension or extension of the limitation period.

The general limitation period for an action in negligence is six years from the date when the negligent conduct occurred.

Negligence claims are generally for compensatory damages, although injunctive relief might also apply. Compensatory damages are awarded to compensate the injured plaintiff for the harm suffered, by returning them to the position they would have been in, absent the negligent conduct.

Your claim would be brought into the local court, where you will be able to claim against the other party all costs incurred and economic, which is lost income if you were not able to work as a result.

Based on the information you have provided you would have a case of negligence in this particular regard, breach of duty of care.

Your next step would be to engage a local lawyer to run this case for you.

Does this help with your question today?