Personal Injury Lawyers Perth WA – Personal Injury Claims Lawyers, Injury Compensation Lawyers
If you suffered an injury as a result of an accident at work, on the road, in a public place, as a victim of crime, or a result of medical malpractice, you may entitled to personal injury compensation. If you have made a personal injury claim in Western Australia, contact Foyle Legal injury compensation lawyers to get your obligation free injury claim assessment. We are experts in personal injury compensation law. We offer No Win No Fee solution for victims of personal injury in WA, and our commitment to every personal injury client is to get the best personal injury compensation payouts for your injury claim, and to make the personal injury claims process as simple as possible.
Personal Injury Claims in Western Australia
Typical types of personal injury claims in WA may include but not limited to:
- Motor Vehicle Injury Claims, eg car accidents injury claims, motor bike accident injury claims, bus accident claims, truck accident injury claims or any other road accident injury claims
- Workers compensation Claims, eg workplace injury related WorkCover claims including common law claims
- Public Liability Claims, eg injury in a public place like a shopping centre, clubs and pubs, Homeswest properties, hospitals, accidents at public events, accidents at rental properties, or accidents at private properties
- Slip & Trip Claims, eg slip caused by slippery floor space such as highly polished, wet or greasy surfaces, tripping by small objects such as cracks in the floor or electrical leads
- Criminal Injury Claims, eg victim of a crime compensation, victim of assault compensation, or other form of victim compensation
- Medical Negligence Claims, eg injured caused by the negligence or malpractice of doctors, hospitals, or other medical professionals
- Serious Injury Claims & Fatal Accident Claims
If you are injured in Western Australia under the following circumstances and would like to have your existing claim(s) assessed, contact Foyle Legal Personal Injury Lawyers. A senior personal injury lawyer will assess your claim on obligation free basis.
- Injured in a car accident, motor accident, Transperth Bus accident, truck accident, or other accidents on the road. Whiplash injury compensation is one of the most common injury claims in motor vehicle accident claims
- Injured at work, work injury may include physical injuries (eg. back injuries, neck injuries, knee injuries, hip injuries, spinal injuries, foot injuries, bicep injuries) and work stress, psychological injuries and work bullying
- Injured as a victim of a crime, or assault
- Injured as a result of defective product
- Injured at public place due to negligence by a third party
- Seriously or fatally injured as a result of work related accidents, car accidents or another form of personal injury accident.
Maximise Your Personal Injury Compensation Payouts
The Director of Foyle Legal is one of only a few personal injury lawyers in Perth who has practiced as a claimant and defendant lawyer in personal injury cases. This gives Foyle Legal a unique insight to help you to maximise your personal injury compensation payouts. If you have made a claim, or require further assistance with your workers compensation claim, motor and car accident injury claim, or any other personal injury claims, why not contact us at 0408 727 343, alternatively submit your obligation free enquiry. At Foyle Legal, we provide no win no fee* personal injury claim representation.
Personal Injury Compensation Claim Process
When should I submit my personal injury compensation claim?
You should submit your compensation claim straight away. There are statutory limits for the filing of claims for some injuries including motor vehicle injury claims and workers compensation claims. With all claims, if you do not notify the other side straight away, they may allege that your injury was caused by another cause. The other side may also claim they are prejudiced in not being able to investigate into the incident and not being able to have you medically reviewed.
Personal injury compensation claim process
The personal injury legal process is different depending on what kind of claim you have. If you are making a workers’ compensation claim then special rules apply, which are explained in the Foyle Legal Workers Compensation FAQ page. Motor vehicle Injury claims and public liability claims the procedure is as follows:
Inform the other side of your injury compensation claim
In motor vehicle claims you can usually do this by advising the Insurance Commission of Western Australia (ICWA) about the circumstances of the car accident. You can advise the Insurance Commission of your intention to pursue a personal injury claim at crashreport.com.au or through your legal adviser. In public liability cases you generally have to write to the other party stating why you think they have been negligent.
Collect evidence concerning the personal injury claim
You need to collect medical documentation and documentation showing that you had time off work. Often people do not think about this when they are going through the initial treatment. A lawyer can help to collect this information on your behalf.
Commence Legal Proceedings and/or a Settlement Conference
In some circumstances it is faster and beneficial to settle your case at a settlement conference, or by written offer. In other circumstances, the other party may not be inclined to make a sufficient offer, or any offer at all, in those circumstances it may be worthwhile to commence legal proceedings. After legal proceedings have commenced, and documents have been exchanged, there is another chance to settle your case at a pre-trial conference.
Proceed to Trial
It is worth noting that the vast majority of cases settle in negotiation, but in some cases the parties are just so far apart that the matter proceeds to a trial. At trial you will give generally give evidence about how your injury happened, what injuries you have suffered, the effect of the accident on your work, whether other people have helped you and your medical needs. Your doctors and people who witnessed the accident may also have to give evidence. After the other side has presented their case the judge will usually reserve their decision for a period of time, following which a judgment will be given.
Common Types of Personal Injury Claims
The law of negligence permits claimants to make injury claims in a large variety of areas including the most commonly claimed circumstance below:
Motor vehicle accidents Compensation / Car accidents compensation claim / MVA Claims
- car accidents;
- motorbike accidents;
- accidents where a pedestrian is injured by a driver;
- accidents where a cyclist on a bicycle is injured by a driver;
- hit and run accidents;
- accidents where one or both of the drivers involved die as a result of the accident;
- accidents where the driver at fault dies after the accident (from unrelated causes)
Work Injuries / Workers Compensation claims / Workers Comp / WorkCover WA Claims
- injuries in the course of their normal employment;
- injuries on another company’s work site;
- injuries while undertaking a return to work programme for a previous work injury;
- injuries to contractors in certain circumstances;
- injuries while undertaking training;
- injuries while you are on site but not working (for example undertaking sporting activities at site); and
- injuries while you are travelling from one work related location to another work related location.
Public liability claims
- slip, trip and fall cases usually in shopping centres, restaurants and other public places. Most common are musculoskeletal injuries, as well as cuts, bruises, fractures and dislocations
- claims by workers against host employers. If you are employed by one company but you are working on another company’s site, you may be able to sue the company responsible for the site.
Criminal injury claims
- You can claim criminal injuries compensation if you are injured as a result of a criminal offence and the other party is found guilty, not charged or the police choose not to proceed with a prosecution.
- Common charges leading to an award of criminal injuries compensation include assault, sexual assault, aggravated theft and grievous bodily harm.
Total and Permanent Disability TPD claims
TPD claims is a type of insurance claim and it is often caused by a totally and permanently disabling personal injury. Most superannuation funds offer TPD benefits. If you are unclear about your TPD entitlement, you can contact your super fund for clarification.
Personal Injury Compensation Amounts
How Much Injury Compensation do I Get?
For criminal injuries compensation the maximum award is $75,000. For workers compensation there are a lot of limits as we have set out in our workers compensation page and workers comp FAQ page. For motor vehicle accidents and public liability cases there are effectively no upward limits.
The amount of injury compensation that you can get largely depends on the existence of third party evidence such as medical reports and documentation showing that you suffered a loss of earnings such as letters from your employer and your taxation returns.
Personal Injury Lawyers No Win No Fee
The usual procedure when you engage a personal injury lawyer and the personal injury lawyer charges you on a regular basis for work done regardless of whether you win or lose your injury claim. A no win no fee lawyer will only charge you a fee if you are successful in settling your claim for compensation or obtaining a successful judgment. Because No Win No Fee lawyers do not charge upfront legal costs, they are often referred to as No Win No Pay lawyers. The no win no fee arrangement does not mean you have nothing to lose. If you go to trial and lose then you will have to pay the other party’s legal costs and disbursements such as court costs and medical costs. As a result, it is vital that you choose a good lawyer that have good track record of success. Foyle Legal has worked on hundreds of personal injury claims and successfully recovered millions in compensation payments for our clients
Personal Injury Compensation FAQ