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Personal Injury Claim Process: How to Claim Personal Injury Compensation?

Personal Injury Claim Process chart
click to expand the infographic

The process for a compensation claim in Western Australia can be complex and overwhelming. Foyle Legal guides injured people at every step of the personal injury claim process on No Win No Fee basis. Every personal injury case is different, but on this page (and the infographic) we have tried to detail how Foyle Legal help our clients to get the fair compensation payouts. Foyle Legal will work with our client to make sure the process is as clear and effective as possible.

Contact Us for Obligation Free Consultation


Obligation Free Consultation

Call Foyle Legal or submit an online enquiry form to organise an obligation free consultation.

If you have made personal injury claim in Western Australia, Foyle Legal provides you with an obligation free claim assessment. In the first obligation free consultation, a senior lawyer with wealth of experience in your area of claim will listen to your case, go through your claim documents and the other relevant evidence. This is a good opportunity for injured people to understand the options available to them in relation to their claim. At the end of the session, Foyle Legal will be able to determine whether or not we can assist you with your claim. If so, what is the best way for forward for your claim.

Please note that video conference or over the phone assessment option is available for fly-in-fly out workers, or residents in regional in WA.



Once Foyle Legal has established that we are confident that your personal injury claim will be successful, the next step is to sign authorities and agreements to formalise the legal representation. The agreement is a clear written document in easy to understand language and only a few pages in length. In most personal injury claims, there will no up-front legal cost to you.

Once the agreement is signed and executed. Foyle Legal will start working on your case.


Build Case

Foyle Legal will work with you to gather information and evidence to build your case. This is the part where Foyle Legal’s expertise will add tremendous value to your personal injury claim. There many variables in this step, Foyle Legal’s experience working in similar cases will help to reduce time wastage and increase certainty of your claim. In most cases, there is no set timeframe for case building, one of the key in successful factor in case building is to know when to stop. In most of the personal injury cases, this step takes 3 – 6 months, however, this could vary significantly depending on your case.



Foyle Legal will commence negotiation with the other side on your behalf. Just like any other negotiations, there are tricks and tactics that the other side may use to help Insurance companies. The Director of Foyle Legal has experience working for insurance companies and will use this to get you a better outcome in your claim.

In most of the cases, both sides plaintiff (injured person) and the defendant (and their insurer) will reach an agreement before going to court. However, there are circumstances where agreement cannot be reached, and the matter will proceed to court. If your case proceeds to court, Foyle Legal will provide you with legal assistance every step of the way.

Please note, a barrister may be brought into the case if your case is proceeded to court. Foyle Legal’s No Win No Fee agreement to do apply to barrister costs.


Settlement of Claim

In most of the personal injury claims, settlement of claim marks the conclusion of your personal injuries claim. It is not unusual for Foyle Legal’s clients’ to receive personal injury claim settlement amounts 2x, 3x, or 4x more than their original offer from the insurance company.

In more complex personal injuries claims, settlement of one claim marks the commencement of other claim. For example, a work injury claim against a host employer or a TPD claim. Foyle Legal have expertise in all types of personal injury claims and related claims.

Expert Personal Injury Compensation Lawyers Perth WA

Need help to get the compensation you deserve? Get an obligation claim assessment by calling us at 0408 727 343 or leave your message below. A senior compensation lawyer will get in touch with you within 24 hours.