Personal Injury Compensation Claims in WA
Introduction to Personal Injury Compensation Law
Personal injury includes several areas of law, the most common claims are motor vehicle accidents, workers compensation, other accidents, public liability, criminal injury and medical negligence. It includes physical or psychological harm or injury though special rules apply in relation to psychological or nervous shock injuries.
A recent significant change to personal injury law came into effect after 1 January 2003 in the Civil Liability Act 2002 (WA). The Civil Liability Act (WA) places limits on the amount of damages that can be awarded and the circumstances in which that they can be awarded. For example, it is now the case that Local Governments have the protection of 5Z of the Civil Liability Act (WA) which provides protection to “road authorities” which to a large extent has wiped out footpath slip and fall claims.
The laws in respect of personal injury compensation are different from one state of Australia to the next. If you are injured in Western Australia, contact Foyle Legal for an obligation free meeting.
In the personal injury claims page, we have selected a list of most frequently asked questions by our clients. In this page we have answered more questions from a different perspective regarding personal injury compensation claims.
Get the Compensation you Deserve
How can Foyle Legal’s No Win No Fee injury compensation legal representation help me?
It is often the case that when a person who has made a personal injury claim, as a result of an accident,t they do not have much money to pay legal fees. Foyle Legal’s no win no fee injury compensation claim legal representation helps to ensure that when injured people are disadvantaged you still have access to justice.
Foyle Legal will only charge you legal fees if you are successful in your claim at trial or are successful in settling your compensation claim. In addition to legal fees, Foyle Legal often assists injured people with the disbursements regarding their claim. Injured people should be aware that the No Win No Fee arrangement does not mean that litigation is risk free. If you take your claim to trial and you are not successful then there is likely to be an order that you pay the costs of the other party’s claim including legal fees, court fees and disbursements.
How can using a personal injury compensation lawyer result in a better outcome in my compensation claim?
While an injured person may have only been involved in one personal injury compensation claim, Foyle Legal brings experience and perspective that comes from working on thousands of personal injury compensation claims. A personal injury compensation lawyer can use this experience to advise you what to avoid when making a personal injury compensation claim, what you should do, what evidence to get and give you an opinion as to how much your personal injury compensation claim is worth. If you are injured in WA and made an injury compensation claim, why not give Foyle legal a call on obligation free basis.
Is a personal injury compensation lawyer necessary, or can I manage my personal injury claim myself?
You should be aware that the insurance company other the other side of your compensation claim is acting directly contrary to your interest. The insurance company wants to settle the claim for the least amount possible and it is likely that the claim assessor in charge of your claim would be rewarded for doing so.
Injured people should be aware that in the first place, they are dealing with an insurer with many years of experience and thousands of claims, that insurer has a great amount of resources and may hire insurance lawyers to comment on the management of your compensation claim without you knowing. By trial and error these insurers have found doctors and other experts who will often downplay your symptoms, state that you have recovered or blame your symptoms on something else.
These things are difficult to overcome without appropriate personal injury claim legal representation to inform you how much your claim is worth and where to get the appropriate evidence.
The effect of this should not be underestimated. Foyle Legal recently acted in a workers compensation stress claim where liability was denied and the insurer had not made an offer of settlement to the injured worker. After the correct medical evidence was obtained and a statement with the correct information was filed in the WorkCover proceedings the insurer offered to settle the claim for over $200,000.00.
In our view personal injury claim compensation lawyers probably provide the lowest cost legal representation out of any legal area. Injured people should leverage on the experience and expertise of personal injury lawyers to avoid an experience that they will regret. Foyle legal offers a No Win No Fee injury compensation claim representation to further mitigate the cost of acting for you in your claim.
Injury Compensation Claim Management
What kind of personal injury claims are the most common and what other kinds of personal injury claims can I make a claim for?
The most common car accident injury claim is whiplash though the range is quite massive and eye injuries from impact with the steering wheel can also occur. In respect of workers compensation claims back injuries and neck injuries are very common, it is also common for workers to break bones in their arms, legs or feet. In warehouse work it is common for workers to have parts of their fingers cut off and this may result in them having to amputate at a later stage. Other injuries include burns, and violent attacks by other employees or third parties. The director of Foyle legal brings experience and perspective from working on thousands of personal injury compensation claims in WA. It doesn’t matter what kind of injury you are suffering from, Foyle legal can act with confidence and get the compensation you deserve.
What are the time limits for making a personal injuries claim?
For most personal injury claims the limitation period is 3 years from the date of injury, however, you should consult a personal injury compensation lawyer to check to see if this is accurate. Special rules apply in respect of workers compensation. Generally workers must elect to pursue a common law claim for compensation before the ‘termination day’.
In most cases, the termination day for an election to retain the right to seek damages in respect of that injury is the last day of the period of one year after the day on which the claim for compensation by way of weekly payments is made. The termination date can be extended in certain circumstances and the termination date may be at a later time if liability is accepted or determined 3 months after the day on which the claim is made.
If I have totally recovered from my injury can I still make an injury compensation claim?
If you have totally recovered from your accident you can still make a claim for your medical costs, gratuitous services, paid services and economic loss (such as loss of wages) you had when you were incapacitated as a result of your injury. It is unlikely that you will receive any money for ‘general damages’ which includes pain and suffering as thresholds apply and injured people are unlikely to overcome these thresholds if they have made a total recovery.
How often should I see my General Practitioner in my personal injury claim?
If you have a workers compensation claim in WA, your General Practitioner will issue you with ‘progress medical certificates’ which are only valid for a certain period. You should see your General Practitioner again before that period ends.
In other personal injury claims you should aim to see your general practitioner regularly, at least once a month, to show that your symptoms are constant and continuing. If you do not see your General Practitioner for several months and then suffer from a ‘flare up’ of your symptoms the insurer on the other side to your claim may argue that the flare up was caused by something other than your injury.
The other side sent me to a doctor that I don’t agree with, what should I do?
If there are factual inaccuracies in the report (i.e. the doctor incorrectly describes something explained by you) then you should immediately make a note of the inaccuracy and if you have a personal injury compensation lawyer you should let them know. If the doctors report is based on an inaccurate factual basis your personal injury compensation lawyer may be able to use this to state that less value should be put on the doctor’s report at trial and thereby increase the amount of compensation you will receive for your claim.
Injury Compensation Legal Fee
How much will I have to pay in legal costs regarding my claim? Will it come out of my compensation or damages?
Foyle Legal provides no win no fee injury compensation claim legal representation, usually this means that you will only pay legal fees at the end of your claim when you obtain compensation or damages. The normal procedure is that the other side will make an offer of settlement offer to you plus a ‘contribution towards your legal costs and disbursements’. It is normal for the insurer to pay all of your disbursements and most of your legal costs, this ensures that you will get the maximum amount out of your claim.
You should be aware that as your matter proceeds towards trial legal costs will exponentially increase as more legal work is necessary, for this reason it is helpful to get a personal injury compensation lawyer involved at an early stage so that you can get the appropriate evidence.