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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- Top Rated WA Law Firm
- Fast, local help across WA
- No Obligation Assessment
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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)
- Severe traumatic brain injury (TBI), spinal cord injury, major burns, multiple amputations, permanent blindness.
- No‑fault lifetime treatment, care and support if eligible.
- Can still pursue negligence for other losses. No double recovery for future care.
- Motor crashes since 1 Jul 2016; eligible workplace accidents since 1 Jul 2024.
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 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.

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.

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.
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!
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!
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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.
Serious & Catastrophic Injury Claims often cover, but are not limited to the following areas:
- Head and Brain Injury Claims
- Amputation Claims
- Spinal Cord Injury Claims, Back & Disc Injury Claims
- Compensation for Knee Injury
- Compensation for Shoulder Injury
- Compensation Psychological Injury
- Compensation for Mining Accidents
- Compensation for Construction Accident
- Compensation for Motorbike Accidents
- Compensation for Car Accident Injury
- Compensation for Workplace Injuries
- Compensation for Medical Negligence
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.
Get Started in 3 Ways!
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Call 1300 300 966 for immediate assistance, or complete the form for a free case review from our expert personal injury lawyers.
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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.

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
Editorial Policy
- Plain‑English drafting by Dr. Ida Ma (PhD, MBA), reviewed for accuracy.
- WA‑specific citations. Reviewed before publication.
- See editorial policy.
- For corrections or feedback, email contact@foylelegal.com
Talk to a Real WA Lawyer Today
- No win no fee lawyers – nothing to pay upfront, no hidden costs, and disbursement assistance.
- Top-rated, WA law firm – recognised by clients and peers for our experience, with 300+ 5-star reviews on Google, Facebook and Trustpilot.
- Obligation-free assessment – maximise your fair compensation and we handle your claim end-to-end.
- We help clients to fight back against insurers every day – 100+ years of combined personal injury experience.
Offices in Perth CBD & Malaga. Serve all WA.








