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Serious & Catastrophic Injury Claims Lawyers Perth, WA

Severely injured in a WA motor vehicle or work accident?  ICWA CTP, CIS and WorkCover WA rules are complex. Unsure if it’s “serious” or “catastrophic”? We explain your options and start the right claim fast.

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Last Reviewed: Feb 17, 2026

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Serious vs Catastrophic Injuries Claim – Important Decision

Two pathways. We help you choose the right one for maximum payout in WA.

Serious Injury (Common Law)

  • Major fractures, internal injuries, significant impairment.
  • Negligence required for damages.
  • Possible heads of damage: pain and suffering, income loss, treatment, care.
  • Time limit usually 3 years.
  • Your claim is made against the party at fault (e.g., a negligent driver). You must prove negligence.
  • Contact us to assess your common law claim and gather evidence of fault.

Catastrophic Injury (CIS)

No Double Dipping (WA Law)

  • Cannot claim same future care/support/treatment from both CIS and negligence/common law.
  • If CIS pays lifetime care, cannot also claim same costs in damages.
  • If receive lump sum for future care in negligence claim, CIS won’t pay for those expenses.
  • Can claim different loss types (e.g., pain & suffering, income) if not already covered.

Contact Foyle Legal early – early advice avoids costly mistakes, maximises your total entitlements, and ensures you don’t accidentally give up essential claims.

Serious & Catastrophic Injury Cases + Real WA Results

These real WA matters show how our Perth team handles both serious injury & catastrophic injury. Cases are anonymised; outcomes vary, and strict time limits apply.

$ 922,972 – Farm hand with face disfigurement & eyesight loss from work accident.

  • Situation:
    Farm hand fixing a fertiliser spreader when it was mistakenly turned on.
  • Injury:
    Large part of face ripped off and reattached. Loss of vision in right eye. Adjustment disorder.
  • Result:
    Client returned to full-time work after 9 months, mitigating economic loss. Claim focused on proving pain and suffering. $922,972 in compensation won.

$1,000,000 – Part-time labourer suffered crush injury with three fingers amputated due to a forklift accident.

  • Situation:
    Worker’s hands caught in anchoring chains attached to forklift.
  • Injury:
    Severe crush injury to both hands with three fingers severed.
  • Result:
    Targeted medicolegal and vocational assessments key to winning $1,000,000 in compensation.

$ 3,200,000 – Motorcycle accident claim for below-knee amputation.

  • Situation:
    Negligent driver turned right and T-Boned client’s motorcycle. Client flung 30 metres.
  • Injury:
    Serious injuries to neck, chest, abdomen and right leg. Below right knee amputation.
  • Result:
    Detailed analysis of special damages and future economic loss central to winning $3,200,000 in damages.

We have helped 10,000+ Western Australians with their legal matter. We handle most common injuries in WA. Let’s help you to progress with confidence.

WA Serious & Catastrophic Injury Claim Checklist

Suffered a serious or catastrophic injury in Western Australia? Foyle Legal can help you claim the maximum you’re entitled to, understand the law and stress less.

motor accidents

Motor Vehicle Crashes (WA)

  • Damages claim if another road user was negligent.
  • Nominal Defendant applies if the at-fault vehicle is unidentified or uninsured (ICWA Pays).
  • CTP covers mainly public roads/car parks.
  • Don’t lose your legal rights. Notify ICWA ASAP and limitation date is usually 3 years.
  • Different rules apply to minors/disability, extend the court limit. Act early.
What you may claim
  • Pain and suffering (threshold applies for MVA and under the Civil Liability Act).
  • Medical, rehabilitation and travel to treatment.
  • Home care and support.
  • Loss of income and future earning capacity.
  • Aids, equipment and home/vehicle modifications.
workers compensation

Workplace Accidents (WA)

  • Workers compensation claim accepted.
  • To sue for common‑law damages you generally need ≥15% WPI and to make an election.
  • Strict timeframes. Get guidance before signing any settlement.
Possible entitlements
  • Income Compensation (Weekly payments) and treatment (statutory workers’ comp).
  • Damages for pain and suffering and economic loss if common‑law thresholds met.

Catastrophic Injuries Support (CIS) Scheme provides lifetime funding for treatment, care and support.

If your injuries meet the ICWA’s definition of a “catastrophic injury,” you may qualify for lifetime funding for your treatment, care, and support under the Catastrophic Injuries Support (CIS) scheme. The CIS scheme applies to catastrophic motor vehicle accidents that occurred on or after July 1, 2016. It will also apply to catastrophic work injuries starting from July 1, 2024.

Choosing between CIS and lump‑sum future care affects lifetime rights. Get obligation-free advice before you sign anything.

Foyle Legal

Why You Need a Specialist for Your Serious Injury Claim in WA

As the pathways above show, the stakes for your future are incredibly high.

Because serious & catastrophic injury compensation must account for a lifetime of potential medical visits, rehabilitation, and lost income, the potential payouts are substantial. For this reason, insurance companies dedicate expert legal teams to challenge and minimise these claims.

Foyle Legal levels the playing field. We match their resources with our specialist knowledge of WA law and a network of medical experts to build the strongest possible case for you. Without this level of expertise on your side, you risk accepting a settlement that leaves you facing uncertainty and regret for the rest of your life.

Start Free Claim Check

Don’t be intimidated by insurers, establishments and their lawyers.

If you made a personal injury claim for serious injuries, experienced compensation lawyers for workers compensation and personal injury at Foyle Legal can help to you get the best compensation payout for your serious injury claim.

We will help you to act with confidence at every step of the process:

  • Have Your Claim Accepted!
  • Negotiate a Fairer Payout!
  • Get the Evidence You Need!
  • Progress Your Claim Faster!
Get Started

NO WIN NO FEE
PEACE OF MIND!

No Win, No Fee means we don’t charge you legal fees unless we get you compensation.

Experience the Foyle Legal Difference

100+ Years PI Experience

You matter to us. Your case will be led by our senior team, with 100+ years of combined personal injury experience!

Affordable and Effective

No huge legal bills from us, just honesty and good outcomes here!

Multiple Award Winning

Multiple award-winning compensation law firm trusted and recommended by clients.

WA Family Owned

We are from WA. We are your neighbours, friends, brothers, and sisters. We are part of your community.

We are Specialists in Serious & Catastrophic Injury Claims!

If your serious & Catastrophic injury claim resulted from negligence-related accidents or a work injury, expert lawyers at Foyle Legal will advise you on the best course of legal action to ensure a better outcome for your compensation claim.

We are compensation experts in serious injury claims in WA and provide No Win No Fee legal representation for qualified personal injury claims. Contact Foyle Legal for your obligation-free compensation assessment.

WA Rules That Change Your Payout

When the injury is serious, the claim may get complex and may involve dealing with multiple parties and their lawyers. At Foyle Legal, our goal is to use our expertise to get the best outcome possible for your personal injury claim while you can focus on recovering and moving on with your life.

Negligence and fault

  • You must prove another party’s negligence to be awarded damages.
  • Nominal Defendant covers unidentified/uninsured at-fault vehicles (ICWA pays).
  • Contributory negligence reduces damages.

Limits, notices and refunds

  • ICWA notice: give it as soon as practicable.
  • Court time limit: usually 3 years (different for children and people under a disability).
  • Fatal crashes: families may have dependency claims under WA law.
  • Repayments/offsets may apply to Medicare, private health, Centrelink, workers’ comp and CIS.

CIS scope and status

  • CIS covers defined physical catastrophic injuries.
  • Participation can be interim then lifetime after assessment by ICWA.

Helpful Tips

The best, quickest and cheapest way to find out where you stand is to organise an obligation free consultation with a specialist personal injury lawyer at Foyle Legal. This is particularly important to complex serious injury claims involves multiple parties, or catastrophic injuries such TBI, spinal cord injury, major burns, amputations, or permanent blindness.

What to Collect Now

  • Hospital/rehab summaries and imaging (CT/MRI).

  • GP/specialist referrals and treatment plans.

  • Accident details: police number, dashcam/CCTV, witness contacts.

  • Employer documents: incident report, duties, payslips.

  • Home care needs and equipment lists (OT/physio).

  • Photos of injuries, scarring and property damage.

Secondary Supports We Can Coordinate

  • TPD through superannuation and income protection.

  • Centrelink options (e.g., Disability Support Pension).

  • NDIS vs CIS: funding interfaces for aids and supports.

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Serious & Catastrophic Injury Compensation Claims in WA

Can I make a serious injury claim in WA?

A claim for a serious injury can be made:

  1. If it is in the course of your employment by making a workers compensation claim;
  2. If it is as a result of a not-at-fault car accident by making a claim with the Insurance Commission of Western Australia.
  3. If it is as a result of the negligence of another person or company, such as a shopping centre that does not keep their premises safe.

Try this free injury claim checker!

Can I use CIS and also claim compensation?

Often yes. You can pursue a negligence claim if someone else was at fault. There is no double recovery for the same future treatment and care. Get advice before you settle.

Serious Injury Claims

In the majority of personal injury compensation claims in Western Australia, the injured person suffers through pain suffering and loss of income, but some serious injury claims are so severe that the injured person needs 24 hour care and attention, alterations to their house, alterations to their motor vehicle and aids simply to continue living. Some common aids that are required include shower chairs, crutches, and personalised wheelchairs.

After a spinal injury, a head and brain injury, an injury which leads to amputation, or fatal injuries arising from an accident, the immediate priority is to ensure appropriate support – be that physical, emotional, practical or financial. Once you have made a serious injury claim, Foyle Legal can assist you to navigate the complex legal system to ensure that you are best positioned to move forward with your life.

Don’t Settle your serious injury claim before consulting an expert injury compensation lawyer

Personal Injury Compensation Lawyers at Foyle Legal have extensive experience with serious injury claims and can use his experience to help you if you have made a claim. Remember, it’s easy to just settle for the first amount offered, but you only have one pay out for the rest of your life, so it is worth making sure it is the right amount.

At Foyle Legal we offer a no obligation free consultation for personal injury compensation matters and we take your matter on a no win no fee basis. This means that if you are not successful, you do not have to pay us but if you lose your case then you may have to pay the other party’s legal costs.

What is the difference between a serious and a catastrophic injury in WA?

Serious injuries cause major harm and can be permanent. Catastrophic injuries under the CIS must meet strict criteria like severe TBI, spinal cord injury, major burns, multiple amputations, or permanent blindness. Catastrophic injuries may qualify for CIS lifetime care.

Does the CIS Scheme cover work accidents?

Yes. WA workplace accidents from 1 July 2024 may be eligible where the workers’ compensation claim is accepted and the injury meets CIS criteria.

Maximise your Serious Personal Injury Compensation Claims

Foyle Legal Uses Unique Insight to Maximise your serious injury compensation Claim

The Director of Foyle Legal is one of only a few lawyers in Perth who has practiced as a claimant and defendant lawyer in personal injury cases. This gives Foyle Legal Personal Injury Lawyers a unique insight into what the other party is doing which Foyle Legal can use to help you with your case. If you think you have a case, or require further assistance with your personal injury claim, why not contact us at 0408 727 343, alternatively submit an obligation free enquiry.

No Win No Fee Serious Injury Compensation Lawyers & Additional Resources

No Win No Fee Lawyers offer obligation free consultation

At Foyle Legal we offer a no obligation free first consultation for personal injury matters and we take your matter on a no win no fee* basis. Give us a call, it is completely confidential and obligation free.

Additional Resources for your Serious Injury Claims

Unfortunately assistance for severely disabled people is limited. In some occasions it may be several years before you obtain compensation that allows you to live in the way you did before the accident. Foyle Legal recommends that you should make contact with Disability Advocacy Groups to see what they can do for you. In addition, please check out Foyle Legal Personal Injury Claim FAQ page, and Foyle Legal Personal Injury Claim Youtube Videos.

We’re Here To Help.

Call 1300 300 966 for immediate assistance, or complete the form for a free case review from our expert personal injury lawyers.

  • No Win No Fee Lawyers
    Nothing to pay upfront, no hidden costs.
  • Obligation FREE Assessment
    We’ll explain your rights and how to maximise your Compensation.
  • TOP RATED Law Firm
    Recognised by clients and peers for delivering results.
  • We Know How To Fight Insurers
    Our team has the experience to fight back against insurance company tactics and win.
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Serious & Catastrophic Injury Claim at Foyle Legal

What types of catastrophic injuries does Foyle Legal handle?

Foyle Legal manages serious personal injury claims, including spinal, brain and multiple trauma cases for motor vehicle accident victims in Western Australia. To learn more, see our Common Injuries page.

Which compensation schemes can Foyle Legal assist with?

We help with claims under ICWA, WorkCover WA, and the Civil Liability Act pathways for catastrophic injuries. See our personal injury claims page for all compensation claims we handle. And, the Motor Vehicle Accident page for motor crash guidance tailored to WA drivers and passengers.

How does the Free Claim Check work for catastrophic injury claims?

You can check your claim eligibility quickly using our Free Claim Check tool. It’s easy, confidential, and designed for catastrophic injuries in Western Australia.

What’s included in Foyle Legal’s obligation-free consultation?

Our obligation-free consultation gives you clear options on serious injury compensation, with no pressure. To book, see our Contact page for details.

Do I pay fees upfront for serious injury legal help?

No upfront fees with Foyle Legal. We work on a No Win No Fee basis for catastrophic personal injury claims—find out more at our No Win No Fee page.

What’s the process for complex injury claims at Foyle Legal?

We guide you step-by-step, from claim lodgement through negotiations to final payout. For details, see our Personal Injury Claim Process page.

Why choose Foyle Legal for your catastrophic injury case?

As leading Perth injury lawyers, Foyle Legal provides expert help for life-changing injuries. For our full story and credentials, visit Foyle Legal — Personal Injury & Workers Compensation Lawyers Perth.

Where can I learn more about WA injury claims?

Start here: our WA Personal Injury FAQs, the Foyle Legal Blog, and our podcast. Plain-English guides, updates, and real WA case insights.

→ Ready to check your eligibility? Free Claim Check.

Foyle Legal Provides Legal Services to all of WA

What suburbs in Perth does Foyle Legal provide legal representation to?

Looking for best personal injury & workers compensation lawyers near me in Perth? Foyle Legal provides legal presentation to Workcover claims, workplace injury claims, work accident claims, accident injury claims, and all personal injuries clients all over Perth. It includes but not limited to north of river, south of the river, Perth city areas, eastern suburbs, western suburbs and Fremantle areas.

North of the river – Northern Suburbs

Ballajura – Bassendean – Bayswater – Beechboro – Carine – Carramar – Clarkson – Connolly – Currambine – Dianella – Doubleview – Duncraig – Eden Hill – Edgewater – Embleton – Glendalough- Greenwood – Gwelup – Heathridge – Hillarys – Inglewood – Innaloo – Joondalup – Kallaroo – Karrinyup – Kingsley – Landsdale – Maida Vale – Malaga – Marangaroo – Mindarie – Mindarie Keys- Morley – Mullaloo – Munster – North Beach – Osborne Park – Padbury – Scarborough – Shenton Park – Sorrento – Trigg – Tuart Hill – Wanneroo – Warwick – Waterman – Wembley Downs – Woodlands – Woodvale – Yanchep

South of the River – Southern Suburbs

Alfred Cove – Applecross – Ardross – Attadale – Bateman – Beaconsfield – Beeliar – Bentley – Bibra Lake – Bicton – Booragoon – Bullcreek – Canning Bridge – Canning Vale – Cannington – Casuarina- Cockburn – Como – Coogee – East Victoria Park – Forrestdale – Gosnells – Jandakot – Karawara – Kelmscott – Kwinana – Melville – Mount Pleasant – Palmyra – Shelley – Spearwood – Success – Wattle Grove – Welshpool – Willetton – Wilson – Winthrop

Perth Inner City

Burswood – CBD/Northbridge – East Perth – Highgate – Leederville – Maylands – Mount Hawthorn- Mount Lawley – North Perth – South Perth – Subiaco – Victoria Park – West Leederville – West Perth – CBD – Kings Park – Northbridge – Perth

Eastern Suburbs

Ascot – Belmont – Carlisle – Kewdale – Newburn – Redcliffe – Rivervale

Western Suburbs

Churchlands – City Beach – Claremont – Cottesloe – Crawley – Daglish – Dalkeith – Floreat – Mosman Park – Mount Claremont – Nedlands – Swanbourne – Wembley

Fremantle

East Fremantle – Fremantle – Hamilton Hill – North Fremantle – O’Connor – South Fremantle

Does Foyle Legal provide Legal presentation to surrounding areas of Perth?

Yes, Foyle Legal extends legal presentation to surrounding areas of Perth. This include but limited to Avon Valley, North Coast & Valleys, Peel areas, Perth Hills, Rottnest Island, and Swan Valley.

Avon Valley

Avon Valley – New Norcia – Northam – Other Avon Valley Areas – Toodyay – York – Clackline – Wooroloo

North Coast & Valleys

Bindoon – Chittering – Gingin – Guilderton – Lancelin – Ledge Point – Lower Chittering – Moore River – Neeragabby – Upper Chittering – Wanerie – Woodridge

Peel Region

Mandurah – Peel Coast – Peel Inland – Baldivis – Barragup – Boddington – Dawesville – Dwellingup- Falcon – Greenfields – Halls Head – Karnup – Mandurah – Mandurah East – Meadow Springs – Pinjarra – Port Kennedy – Quindanning – Ravenswood – Rockingham – Rockingham Beach – Safety Bay – Secret Harbour – Serpentine – Shoalwater – South Yunderup – Wannanup – Waroona- West Pinjarra

Perth Hills

Armadale Area – Bickley – Carmel Wine Region – Kalamunda Area – Mundaring Area – Other Perth Hills Areas – Serpentine – Jarrahdale Area – Armadale – Bedfordale – Bickley – Byford – Carmel – Chidlow – Darling Downs – Darlington – Forrestfield – Gidgegannup – Glen Forrest – Gooseberry Hill – Greenmount – High Wycombe – Hovea – Jarrahdale – Kalamunda – Karragullen – Lesmurdie – Mount Helena – Mundaring – Mundijong – Orange Grove – Parkerville – Paulls Valley – Pickering Brook – Roleystone – Stoneville – Wungong

Swan Valley

Baskerville – Belhus – Bellevue – Brigadoon – Bullsbrook – Caversham – Ellenbrook – Guildford – Hazelmere – Henley Brook – Herne Hill – Middle Swan – Midland – Midvale – Millendon – South Guildford – Swan Valley – The Vines – Upper Swan – Viveash – West Midland – West Swan – Whiteman

Does Foyle Legal provide legal service to clients in Regional WA?

Yes, we service all of WA, including remote or regional areas of Western Australia.

Caiguna – Cocklebiddy – Madura – Mundrabilla – Esperance – Woody Island – Goldfields – Balladonia – Boulder – Broad Arrow – Coolgardie – Cue – Gwalia – Kalgoorlie – Kalgoorlie-Boulder – Kambalda – Kookynie – Laverton – Leonora – Menzies – Murchison – Norseman – Warburton – Hopetoun – Munglinup – Ravensthorpe – Wheatbelt – Bolgart – Broomehill – Caballing – Corrigin – Gnowangerup – Holleton – Hyden – Kulin – Lake Grace – Lake Yealering – Merredin – Mullewa – Narembeen – Narrogin – Nungarin – Wagin – Wandering – Watheroo – Williams – Coral Coast – Cervantes to Dongara – Badgingarra – Cervantes – Dongara – Eneabba – Green Head – Jurien – Leeman – Mingenew – Port Denison – Coral Bay – Exmouth – Ningaloo Reef – Abrolhos Islands – Carnamah – Geraldton – Greenough – Northampton – Kalbarri – Port Gregory – Carnarvon – Denham – Monkey Mia – Shark Bay – North West – The Kimberley – Broome Peninsula – Broome – Cable Beach – Roebuck – Dampier Peninsula – East Kimberley – Halls Creek – Kununurra – Lake Argyle – Warmun – Wyndham – West Kimberley – Derby – Fitzroy Crossing – The Pilbara – Karijini -Pilbara Coast – Dampier – Karratha – Onslow – Point Samson – Port Hedland – Roebourne – South Hedland – Thevenard Island – Wickham – Pilbara Outback – Marble Bar – Newman – Pilbara – South West – Blackwood River Valley – Balingup Area – Balingup – Mullalyup – Boyup Brook Area – Boyup Brook – Bridgetown / Greenbushes Area – Bridgetown – Greenbushes – Nannup Area – Jalbarragup – Nannup – Geographe / Bunbury – Bunbury Area – Australind – Bunbury – Eaton – Collie River Valley Area – Collie River Valley – Donnybrook / Capel – Capel – Donnybrook – Glen Mervyn – Kirup – Peppermint Grove Beach – Ferguson Valley Area – Dardanup – Ferguson Valley – Wellington Mill – Wellington Mills via Dardanup – Harvey Area – Binningup – Cookernup – Harvey – Myalup – Preston Beach – Yarloop – Great Southern – Albany Coast – Albany – Big Grove – Bornholm – Emu Point – Little Grove – Middleton Beach – Redmond – Robinson – Bremer Bay Coast – Bremer Bay – Denmark Coast – Bow Bridge – Denmark – Golden Hill – Hazelvale – Kentdale – Nornalup – Frankland River – Frankland – Kojonup – Mount Barker / Porongurup – Amelup – Cranbrook – East Porongurup – Kendenup – Manypeaks – Mount Barker – Narrikup – Porongurup – Margaret River – Busselton/Vasse – Broadwater – Busselton – Geographe – Vasse – Dunsborough/Yallingup – Bunker Bay – Cape Naturaliste – Carbunup – Carbunup River – Dunsborough – Eagle Bay – Marybrook – Naturaliste – Quedjinup – Quindalup – Yallingup – Margaret River Central – Forest Grove – Forest Grove via Margaret River – Gnarabup – Gnarabup Beach – Karridale – Margaret Region – Margaret River – Prevelly Park – Rosa Glen – Margaret River North – Chapman Hill – Cowaramup – Gracetown – Metricup – Wilyabrup – Witchcliffe – Yelverton – Margaret River South – Augusta – Kudardup – Southern Forests – Manjimup Area – Donnelly River – Manjimup – Nyamup – Quinninup – Northcliffe Area – Pemberton Area – Pemberton – West Pemberton – Walpole Area – North Walpole – Walpole

Foyle Legal was Founded by Christian Foyle in Perth, Western Australia

Legal Review

  • Reviewed by Christian Foyle, Principal Lawyer.
  • Admitted to the Supreme Court of WA as barrister & solicitor in 2008.
  • The current WA practising certificate, verified via the Legal Practice Board WA practitioner search.
  • Member of The Law Society of Western Australia.
  • Top-rated senior personal injury lawyer in WA, featured by Doyle’s Guide, ThreeBestRated, local news, and more.
  • Practice Areas: catastrophic injury, serious personal injury, motor vehicle, workers’ compensation, public liability, medical negligence
Last Reviewed: Feb 17, 2026

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