Foyle Legal car accident injury lawyers perth foyle legal

Serious injuries from a car accident is a small portion of the personal injury claims. Soft tissue injuries, whiplash claims, back injuries and broken bones from car accidents are the most common injuries from car accidents. If you have made car accident injuries claims, please be sure to organise a free consultation with a personal injury lawyer.

What is the most common injury in a car accident?

Whiplash injuries are the most common car accident injuries. Whiplash car accident injuries usually involve neck injuries (sometimes radiating to the shoulders) and lower back injury (sometimes radiating into the legs) and is usually soft tissue injury caused by a sudden movement of the body. Whiplash injuries commonly occur following a rear end collision.

This complete guide for whiplash claims will be very helpful if you have made a claim with ICWA for your whiplash injury or consider making a claim for car accident injuries.

What are 3 types of injuries that can result from a car crash?

A car crash can result in serious injuries. Whiplash injuries are the most common car accident injuries but car crash injuries can also include such injuries as the following:

  1. Head injuries – Car crashes that are serious can sometimes result in head injuries, such as traumatic brain injury. These injuries together with serious physical injuries, such as quadriplegia, are probably the biggest claims in motor vehicle accident injury law.
  2. Chest injuries – Chest injuries can occur in conjunction with a whiplash injury. When a person is suddenly restrained by a seatbelt they will often have a telltale seatbelt mark on their chest when they seek medical treatment. Sometimes chest injuries can be more severe, for example, broken ribs or internal injuries.
  3. Post-traumatic stress disorder – Post-traumatic stress disorder is a psychological condition usually associated with the injured person re-experiencing a traumatic event. Symptoms include ‘flashbacks’ and nightmares concerning the traumatic event. For instance, a person involved in a motor vehicle accident with serious damage may experience nightmares where they are crawling out of the accident with broken glass and loose objects all around them.

If you are injured in a car accident in Western Australia and made an ICWA claim. Regardless of your injuries, it is important to consult a specialist car accident injury lawyer to understand your rights and entitlements.

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What is considered an injury in a car accident?

An injury from a car accident is usually a reference to impact injuries caused by a car accident. In recent years there has been an increased understanding that a car accident injury can also include psychological conditions such as post-traumatic stress disorder.

In addition to the common injuries such as whiplash, head injury, PTSD. Other common types of injury compensation claims include shoulder and knee injury compensation claims. In recent years, compensation claims for complex regional pain syndrome (CRPS) are also on the rise.

How much should I ask for pain and suffering from a car accident?

If you want to settle your personal injury claim for car accident injuries, and want to know how much your pain and suffering claim is worth then you should seek advice from a law firm specialising in motor vehicle accident injury claims.

In Western Australia, many firms provide a free initial consultation and are willing to work with you to ensure that you get fair compensation on a no win no fee basis.

Personal injury claims are highly subjective, and what is true in one claim may not be true in another claim. How much the pain and suffering component of your claim is worth will vary based on your specific circumstances.

Foyle Legal has a team of Perth based no win no fee lawyers who specialise in personal injury claims. We can help with your accident injury claim.

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Under the No Win, No Fee arrangement, you won’t need to pay Foyle Legal’s Legal fees (the fees that we charge for the work we do on your claim), unless we get you a settlement amount.

Your lawyer will take you through this arrangement in more detail including any terms and conditions in your obligation free first initial consultation.

For quick information on our No Win, No Fee terms and disbursements, please visit our No Win No Fee Lawyers Page 

How do I claim compensation after accident?

To claim compensation after an accident can be as simple as lodging the notice of intention to make a claim form. But, there is no guarantee your claim will be successful. The best time to engage a personal injury lawyer is at the lodgement of claim stage. This will help to ensure you start the claim right.

Who is at fault in an accident?

In Western Australia, you can claim compensation for car accident injuries if you were not at fault or you were only partially at fault. When you lodge a claim with ICWA, one of the first things they would do is to establish who is at fault in an accident. Therefore, it is helpful if you have photographic evidence that helps to identify the negligence party.

Should I report a car accident to the police after a traffic crash?

Whenever a personal injury is involved in a motor vehicle accident, you should report the accident by completing a police report. The police report number is very important when you make a claim with the Insurance Commission of Western Australia (ICWA). Generally, an injured person make a car accident claim with ICWA by completing a notice of intention to make a claim form. Please refer to this complete guide to crash reports in WA for further information on reporting your car crash with ICWA.

When you are completing the notice of intention to make a claim form, you are required to provide information about the injury caused by the car accident. This is because ICWA will need to satisfy that the injury is indeed caused by the car accident. If you suffer injuries from a car crash, you should seek medical attention immediately.

Personal Injury Claim Proces

Once a car accident claim is lodged with ICWA. The injury claim progresses according to a personal injury claim process.

How long after an accident can you make an injury claim?

You should give notice to the Insurance Commission of Western Australia, as soon as practicable after the occurrence giving rise to a motor vehicle accident. Notice is usually given through a Notice of Intention to Make Claim form. Section 29 of the Motor Vehicle (Third Party Insurance) Act 1943 states that if this notice is not given then a person will not be able to commence or maintain such an action. Some exclusions do apply and if this section becomes relevant to your claim then you should seek legal advice.

This article answers all the questions you need to know about how long after a car accident can you claim.

Most delays we observed in making a claim are related to complex claims and injured people are unsure what to do. In these situations, it is most important to engage a specialised personal injury law firm to help. Here are a few situations that Foyle Legal has found people struggled the most if they don’t have a good personal injury law firm on their side:

  • Hit and Run Accidents
  • Serious Injuries Claims
  • Fatal Injury Dependent Claims
  • Car Accident at Work – This type of injury claim requires a good workers compensation lawyer with car accident injury claim expertise.
  • Motorcycle Accident Claims
  • Cyclist hit by a car

How long does a car crash compensation claim take?

Injuries such as a whiplash injury or soft tissue injuries resulting from a motor vehicle accident may take about one year to reach medical stabilisation, following which the injured person may choose to commence legal proceedings or look at a settlement of their case.

A serious injury such as a closed head injury, broken bones or serious back injuries such as a herniated disc may take longer to resolve. Surgery for these injuries is quite common and could include a fusion operation or discectomy.

In most cases involving car accidents, it is necessary to obtain medical reports from medical experts. Once these reports assessing your overall health are obtained consideration can be given to settling the claim for a lump sum payout.

How is pain and suffering compensation calculated?

Pain and suffering compensation for car accidents is usually calculated by reference to the following:

  1. How traumatic was the initial accident (severe impacts are often awarded more pain and suffering compensation);
  2. How severe were the initial injuries;
  3. What medical treatment was provided (for example someone who has been through several surgeries will usually get more pain and suffering compensation);
  4. To what extent has the person recovered from their car accident injuries;
  5. Is treatment available that will help in alleviating the car accident injuries;
  6. Has the person developed a psychological condition (for example, depression or post-traumatic stress disorder);
  7. How long are the person’s residual problems likely to persist into the future.

It is important to realise that similar injuries may result in more or less compensation depending on individual circumstances. For instance, a professional long jumper who loses a leg would probably be awarded more compensation for loss of a leg than a sedentary office worker as the effect on his or her life would probably be greater.


Christian Foyle best injury compensation lawyers Perth for workers comp and personal injury claims

Christian Foyle, founder and director of Foyle Legal - one of the top-rated personal injury law firms in Perth, Western Australia. Christian has been named one of the best compensation lawyers, leading workers' lawyers, and recommended public liability lawyers in WA. Born and raised in Western Australia, his mission is to bring social justice to those injured in accidents that are not their fault. Christian helps injured people seek fair compensation with a No Win, No Fee solution. Follow him on TikTok and LinkedIn.

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