6/2 Carson Road,
Malaga, WA 6090
How we can help with your Personal Injury Claim
If have you made a personal injury claim in Western Australia for physical or psychological injuries caused by an accident, assault or have a negligence claim. Contact Foyle Legal injury compensation lawyers for your obligation free injury claim assessment. Your first telephone discussion is free, and 100% confidential. We offer No Win No Fee legal services to victims of personal injury accidents in WA. Our commitment to every personal injury claim client is to help you to get higher personal injury compensation payouts for your injury claim, and to make the personal injury claims process as simple as possible.
Don’t be intimidated by insurers, employers, establishments and their lawyers.
We will help you to act with confidence at every step of the process:
We help you to have your claims accepted get the evidence you need negotiate a fair payout progress the claim faster reduce stress and confusion
We help you to have your claims accepted
Or Call 0408 727 343
Personal Injury Claims in Western Australia
Strict time limits apply to most type of personal injury claims. Typical types of personal injury claims in WA may include but not limited to the following circumstances.
Or Call 0408 727 343
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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 can be divided into 4 main steps. The following section will provide a brief introduction of each of the steps.
Step 1 – 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.
Step 2 – 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.
Step 3 – 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.
Step 4 – 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
Motor vehicle accidents Compensation / Car accidents compensation claim / MVA Claims
Motor Vehicle Accident Injury Claim is a type of personal injury compensation claim for people who were injured following a motor vehicle accident. Typical types of MVA claims includes but not limited to the following:
- 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).
If you are injured in a car accident, motor accident, Transperth bus accident, truck accident, or other accidents on the road you may be entitled to compensation in a motor vehicle injury claim. Whiplash injury compensation is one of the most common motor vehicle accident claims.
Work Injuries / Workers Compensation claims / Workers Comp / WorkCover WA Claims
Workers’ compensation claim is a type of personal injury claim for workers who were injured during the course of their employment. This would include workplace injury compensation claims for resolution of a dispute through WorkCover and common law claims. A workplace injury may include physical injuries (eg. back injuries, neck injuries, knee injuries, hip injuries, spinal injuries, foot injuries, bicep injuries), work stress, psychological injuries and workplace bullying. A Workplace back injury is one of the most common type of work related injury.
Usual circumstances where workplace injuries occur often involves the following:
- 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
Public Liability Claim is a type of personal injury compensation claim for people who were injured in a public place. You may have a claim, if you have suffered a personal injury in a public place like a shopping centre, club, pub, Homeswest property, hospital, public event, rental property, or accident at private property.
- Slip & Trip Claims, eg slip caused by slippery floor such as highly polished, wet or greasy surfaces, tripping on small objects such as cracks in the floor or electrical leads, are the most common type of 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
Criminal Injury Compensation Claim is a type of personal injury compensation claim for victim of crime. If you are a victim of a crime, for example if you have suffered personal injury as a result of an assault, you may be able to claim victims of crime compensation, or other forms of victim compensation. The maximum compensation for criminal injury compensation payout is capped at $75,000 for one incident. Strict limitation periods apply for victims of crime compensation. It is important that victims of crime seek quality legal advice to ensure you don’t incur additional legal costs in a criminal injury compensation appeal.
- 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 compensation payout 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 & Personal Injury Compensation FAQ
No Win No Fee Personal Injury Lawyers
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 these lawyers do not charge upfront legal costs, they are often referred to as No Win No Pay lawyers. Please be aware that not all No Win No Fee lawyers offer the same arrangements for legal fee, it is important that you understand your No Win No Fee cost agreement.
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.
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
Ascot – Belmont – Carlisle – Kewdale – Newburn – Redcliffe – Rivervale
Churchlands – City Beach – Claremont – Cottesloe – Crawley – Daglish – Dalkeith – Floreat – Mosman Park – Mount Claremont – Nedlands – Swanbourne – Wembley
East Fremantle – Fremantle – Hamilton Hill – North Fremantle – O’Connor – South Fremantle
Does Foyle Legal provide Legal Representation 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 – 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
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
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
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