If you are injured in a motor vehicle accident, and it’s not your fault, you should seek medical treatment first. If you have made a claim, it’s best to get a personal injury lawyer to help you. The law about car accident compensation claims is different in each state of Australia. It is important that you find a suitable lawyer that specialises in motor vehicle accident claims in the state where the accident occurred.
This article covers all you need to know about hiring the right lawyer for your accident compensation claim in Western Australia.
Table of Contents
- Is it worth getting a lawyer for a car accident?
- Should I get a lawyer for an accident that was my fault?
- Can you sue someone for hurting you in a car accident?
- When should I hire a car accident lawyer?
- How much compensation will I get after a car accident?
- Do I need a solicitor after a car accident?
- How long after a car accident can I claim compensation?
- What happens if you get hurt in a car accident?
- How do I choose an attorney for my car accident?
- What does an accident attorney do?
Is it worth getting a lawyer for a car accident?
It is worth getting a lawyer for a car accident claim. The process of making a car accident claim can be difficult and the right person will save you from emotional distress, make the personal injury claims process easier, and significantly increase the chance of getting a successful outcome for your pain and suffering. Below are a few additional reasons to get a personal injury lawyer for car accident compensation.
Major insurance companies have a panel of lawyers on stand by to defend your motor vehicle accident claim. If you don’t have a good motor vehicle accident lawyer on your side, you are unlikely to get the maximum compensation you could get. Or worse, you may not be able to receive compensation at all.
When you are choosing a personal injury lawyer for your motor vehicle accident claim, choose an expert compensation lawyer that has experience with different areas of personal injury law. This is because a motor vehicle accident claim can, and often do, get complicated very quickly. If this happens, you don’t want to engage different lawyers and pay different sets of lawyers fees.
Here are some of the reasons why you need an injury lawyer with a thorough understanding of different areas of personal injury claims to assist your motor vehicle accident claim.
- For work-related car accidents, injured people may claim motor vehicle accident compensation as well as workers compensation.
- Physical injuries from motor vehicle accidents may cause psychological injuries, such as PTSD.
- A minor car accident with soft tissue injuries, such as whiplash can have a long-lasting permanent effect on the injured people.
- More significant car accident injuries may require hospitalisation and surgery. Medical negligence may occur as a result of medical care and, in some circumstances, the CTP insurer may argue that they are not liable for the loss.
- If your car accident injury causes total and permanent disability, you may be entitled to a TPD insurance claim in addition to damages for the motor vehicle accident.
If your financial situation does not permit you to pay upfront legal fees, you can still get legal advice from personal injury lawyers that offer No Win No Fee legal help. Most car accident lawyers provide legal representation for car accident compensation claims on a No Win No Fee basis.
It is a good idea to book an obligation free initial consultation with one of the car accident lawyers to understand how they can help with your car accident compensation claim.
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Should I get a lawyer for an accident that was my fault?
If you had an accident, and it’s entirely your fault, you do not have a valid motor vehicle accident claim but it may be worth seeing a criminal lawyer if the Police charge you with an offence.
Whether you are at fault is often determined by the factual investigation conducted by the insurance company once you lodge a car accident claim. For a motor vehicle accident injury claim in WA, the law is that you are entitled to claim compensation even if you are partially at fault.
Contributory Negligence in Motor Vehicle Accident Claims
In the context of personal injury law in WA, if the defendant says the person bringing the claim was also at fault is often referred to as a personal injury claim with contributory negligence. If you are involved in a personal injury claim with contributory negligence, you should get a specialist personal injury lawyer to help you because the insurance company and their lawyers often:
- Make low ball offers in contributory negligence compensation claims
- Argue the percentage negligence to reduce personal injury benefits
As a general rule, it’s always a good starting point to book an obligation free consultation with a personal injury lawyer to explore your options.
No Win, No Fee Lawyers
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
Can you sue someone for hurting you in a car accident?
You can sue someone for hurting you in a car accident. Sometimes a car accident compensation claim is resolved as part of a court action, other times it is resolved before court action commences by negotiation between the parties.
When you make a personal injury claim in WA for car accidents, one of the first things the CTP insurer will do is to investigate the motor vehicle accident with the goal to determine liability.
Insurance Commission of Western Australia (ICWA) is the state insurance regulatory authority in Western Australia and the provider for CTP insurance in WA.
If liability is admitted by ICWA for an accident then court proceedings are usually limited to the question of how much the claim is worth. ICWA is likely to defend the claim on behalf of the at-fault party until judgment or settlement.
When should I hire a car accident lawyer?
You should hire a car accident lawyer as soon as practicable if you have an injury as a result of a motor vehicle accident. With more serious injuries, such as broken bones, there is no real need to wait and see if the injury goes away.
The claims process for common injuries in car accident claims often takes between 6 months to 3 years from the time of injury. The earlier you hire a car accident lawyer, the sooner you can stop worrying about the detailed management of your claim, such as:
- Claim disputes
- Time limits
- Evidence collection
- Settlement negotiation
Time limit to Make a Personal Injury Claim
If you intend to make a compensation claim, it is advisable to make a claim within 6 months of your motor vehicle accident. You can make a claim using the ‘Notice of Intention to Make Claim‘ form which is available on the ICWA website. If you don’t know how to make a car accident injury claim, many car accident lawyers can help you to make claim. Contact Foyle Legal, our MVA team can help with your personal injury claim.
Strict Time Limits to Commence Legal Action
For all personal injury law matters, the statute of limitation is 3 years from the date of injury if the person bringing the claim is an adult and sound of mind.
This means you must bring legal action within 3 years of the motor vehicle accident though some exceptions do apply, for example, children usually have a longer period.
If you don’t start legal action within 3 years of the accident, you may lose the right to claim car accident injury benefits.
How much compensation will I get after a car accident?
How much compensation you will get after a car accident depends on your age, your prior injury income, your future needs and future loss, pain and suffering, and more. The quality of your legal representation from your accident lawyer also plays a big part in getting the maximum compensation for personal injury claims. This is because the right lawyer can help to build the claim better and negotiate better. Our clients have received a five-figure lump sum payment, as well as six-figure compensation for a car accident injury.
To find out how much compensation you will get after a car accident, please consult a personal injury lawyer. They should be able to provide you with a personalised lump sum estimate if your condition has reached medical stabilisation.
Do I need a solicitor after a car accident?
You don’t have to have a solicitor after a car accident, but you will often get better compensation if you work with a personal injury solicitor. Personal injury lawyers can advise you on personal injury benefits and help to simplify the legal process for you.
How long after a car accident can I claim compensation?
You can claim compensation for a car accident injury straight away, but generally, you won’t be able to receive any payment or benefits from the CTP insurer unless your claim is accepted by the CTP insurer.
What happens if you get hurt in a car accident?
If you get hurt in a car accident, you should seek medical treatment as soon as practicable, and start collecting all your medical records relating to the motor vehicle accident.
If you make a car accident injury claim with a CTP insurer in Western Australia, you should do the following:
- Report the car accident to the police
- Seek medical care and treatment
- Lodge an online crash report form
- Complete the Notice of Intention to Make Claim Form
You can download the Notice of Intention to Make Claim Form from ICWA Website. ICWA stands for Insurance Commission of Western Australia. ICWA is the CTP insurer in WA. All personal injury claims caused by WA plated motor vehicle accidents in WA should be lodged with ICWA.
How do I choose an attorney for my car accident?
Not all personal injury lawyers are the same. A good attorney for your car accident can get a better outcome for your motor vehicle accident claim. When choosing an attorney for a car accident claim, please consider the following factors.
- Expertise in car accident compensation claim
- Online reviews
- Legal fees
Expertise in Car Accident Compensation Claim
Most of the accident lawyers are members of the Law Society. Some accident lawyers are highly recommended by peers and clients. If your chosen lawyer has won awards or is a board member or committee member of a legal association, it is a sign that the lawyer is well respected.
Google, Facebook and many modern review platforms use a very sophisticated algorithm to control the quality of the review. Online reviews from trusted sources such as law firms provide good information about the quality of the legal services a law firm provides. When reading the reviews, please pay attention to the number of reviews as well as the average rating. If a law firm has a good online reputation from numerous reviews, it is a good sign.
Some law firms charge upfront legal fees. This means the law firm will get paid regardless of whether they win the case for you. If you are hiring an attorney for your car accident claim, you want to make sure that your lawyer is motivated to get you a successful outcome.
A No Win No Fee arrangement is a good way to ensure your lawyer is motivated to get you an outcome. Many good personal injury law firms provide legal advice on a No Win No Fee basis.
What does an accident attorney do?
An accident attorney applies their legal knowledge and uses tried and tested system to manage your claim process better, progress your claim faster, and help you to get better compensation.
On a typical day, a car accident attorney’s task may include but is not limited to:
- Attend client meetings
- Attend court hearings
- Drafting court submissions
- Answer client enquires either online or on the phone
- Review client documents
- Request and review medical documents
- Review court documents
- Review documents provided by the other side
- Interview and take a statement from witnesses
- Research and consider case strategy
- Calculate the appropriate settlement amount for pain and suffering and future losses
- Communicate with medical report providers, rehab providers, and other related parties to collect evidence for your injury compensation claim
- Negotiate settlement offer with opposing side
Car Accident Legal Services
Foyle Legal is one of the best-rated law firms in Perth. We have a team of Perth based car accident injury lawyers available to discuss your motor vehicle accident claim. Call us to book an obligation free initial consultation. We provide legal representation to qualified car accident injury claims on a No Win No Fee basis.