6/2 Carson Road,
Malaga, WA 6090
Personal Injury Claims in Western Australia
Strict time limits apply to most type of personal injury claims. Typical types of injury compensation claims in WA may include but not limited to the following circumstances
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Personal Injury Claims at Foyle Legal
What is a Personal Injury Claim?
If you are hurt or suffered from a disease, you may be entitled to claim compensation for the injury or disease that has been caused or made worse by someone’s negligence. The process of claiming compensation for negligence-related personal injuries or disease is often referred to as a personal injury compensation claim or pi claim.
Please note that you may be entitled to receive work injury compensation even if you are at fault in causing the workplace injury.
Am I eligible for injury compensation in Western Australia? Free Claim Check
Am I eligible for injury compensation in Western Australia? Check out our free online injury claim checker.
For workers compensation claims, the workers compensation claims eligibility checker can help you understand if you may be entitled to receive workers’ compensation payments in Western Australia.
For motor vehicle accident claims, the motor vehicle accident claims eligibility checker can help you to understand if you or your loved one may be entitled to receive compensation payments from ICWA.
If you are totally and permanently disabled from the personal injuries, you may be entitled to access your total and permanent disability claim (TPD claim). We have also developed a TPD Claims eligibility checker to help you to understand if you may be entitled to receive TPD payouts from your TPD insurer.
Please note that personal injury law in Western Australia is complex. These online claim checkers are merely a guide that covers the common circumstance of personal injuries. It can not replace the legal services covered by Foyle Legal lawyers Perth. For all qualified personal injury law clients in WA, we offer obligation-free one-to-one consultation with one of our injury compensation lawyers.
Foyle Legal’s Experience in Personal Injury Claims
Foyle Legal has a team of specialist personal injury lawyers in Perth. We have experience in all common types of personal injury claims, and we can advise you the best strategy to get a better outcome for you. There is a list of the common type of personal injury claims:
- Workers Compensation Claims through WorkCover WA and District Court. We are one of the leading compensation lawyers in Perth for workers compensation stress claims, workers compensation physical injury claims, and workers compensation common law claims.
- Motor Vehicle Accident Injury Claims against ICWA. Car accident and motorcycle accident injury claims are prevalent motor vehicle accident claims in Western Australia. However, truck accidents are bus accidents are also common.
- Public Liability Claims through District Court. Slip, trip and fall are widespread claims. Bicycle accident claims are claimed as either public liability claim or motor vehicle accident claim depending on the circumstance that causes your injury.
- Medical Negligence Claims & Criminal Injury Compensation Claims
Are Foyle Legal lawyers both personal injury solicitor and barristers for my injury compensation claim?
All Foyle Legal lawyers are barristers and solicitors. These means we can provide legal advice and represent you at Courts. We only brief a personal injury barrister when we considered it is to your best interests and subject to your agreement.
Generally, if your claim is not going to trial, a personal injury solicitor should likely provide all the legal service you need. In some personal injury law firms, their solicitors only prepare your claim paperwork and don’t provide legal service or court appearance. This means the personal injury law firm will have to brief a barrister, at your expense, to represent you in court. The legal fees that the personal injury barristers charge may vary from the legal fees you agreed with your personal injury solicitor at the start of the claim.
Compensation Claim Process
When should I submit my personal injury compensation claim?
You should submit your compensation claim straight away. With all claims, if you do not notify the other side straight away, they may allege that another cause caused your injury. The other side may also claim they are prejudiced in not being able to investigate into the incident and not have you medically reviewed.
Injured people can submit your personal injury compensation claim by yourself. If you have engaged one of the local injury compensation lawyers in Perth, your injury lawyer should be able to submit the claim on your behalf.
Once you have lodged the claim, the next deadline is the last date that you must start legal action. For most matters relating to personal injury law, you have 3 years from the date of the accident to start the court action. This time limit applies to motor vehicle accident claims, public liability claims, medical negligence claims, and more. If you are qualified common law benefits for your workers compensation claim, this limitation date also applied.
Personal injury compensation claim process
The personal injury legal process is different depending on what kind of claim you have. Most of the compensation lawyers in Perth is focused on the district court matters. This is the most common process for motor vehicle accident injury claims, public liability claims, and medical negligence claims. The procedure can be divided into 4 main steps. The following section will provide a brief introduction to each of the steps.
If you are making a workers’ compensation claim, then special rules apply because WorkCover WA administrates workers compensation claims in WA. Unlike common law claims such as motor vehicle accident injury claims, workers compensation claims can be divided into statutory workers compensation claims and workers compensation common law claims. The process for each of the workers comp claim is vastly different and is explained in the Foyle Legal Workers Compensation FAQ page.
Foyle Legal has a team of highly skilled personal injury lawyers in Perth, Western Australia. We help injured people to get fair compensation payments.
Step 1 – Inform the other side of your injury compensation claim
Here is how to inform the other side of your intention to make a personal injury compensation claim:
In motor vehicle claims, you can usually do this by advising the Insurance Commission of Western Australia (ICWA) about the car accident circumstances. You can advise the Insurance Commission of your intention to pursue a motor vehicle accident 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.
In a workers compensation claim, loading a workers compensation claim with WorkCover WA and inform your employer about your worker’s comp claim should be your starting point.
Step 2 – Collect evidence concerning the personal injury claim
You need to collect medical evidence and documentation about your time off work due to the motor vehicle accident or other types of accidents that caused your injuries. It is also a good idea to collect photographic or video graphics evidence of a motor vehicle accident scene to assist ICWA investigation. Injured people do not think about medical evidence when they are going through the initial treatment. As one of the most recommended personal injury lawyers in Perth, Foyle Legal can help to collect this information on your behalf and use our knowledge, experience and network to ensure that quality evidence is collected.
Step 3 – Commence Legal Proceedings and/or a Settlement Conference
Not all claims for injury compensation concluded at trial. In fact, many of the motor vehicle accident claims, public liability claims and medical negligence claims are settled before proceeding to trial.
- It is faster and beneficial to settle your case at a settlement conference or by a written offer in some circumstances.
- 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.
In a typical no-fault workers compensation claim, arbitration conference is the equivalent to a trial in district court. Like motor vehicle accident claims, many workers’ compensation claims are settled in a conciliation conference or pr-arbitration conference.
Once the legal proceeding is commenced, it is highly recommended to engage the legal service of one of the best compensation lawyers on your side to assist with your compensation claim.
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.
Suppose your personal injury claim is proceeding to trial, although you are not legally required the legal service of a compensation lawyer. However, it is important to know that you are more likely to win if you have a good personal injury lawyer on your side. If not, you may be disadvantaged because the insurance company is mostly like to have a panel of insurance lawyers to defend injury compensation claims like yours.
How Much Injury Compensation do I Get?
For criminal injuries compensation, the maximum compensation payout is $75,000. There are many limits for workers compensation as we have set out in our workers compensation page and workers comp FAQ page. For motor vehicle accident claims and public liability claims, 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.
Foyle Legal, your local personal injury lawyers in Perth are specialists on personal injury claims. We work on similar personal injury claims like yours every day, and we use our knowledge, experience and network to get our client’s fair injury compensation payouts.
Should I Trust Personal Injury Compensation Payout Calculators?
Don’t be misled by personal injury compensation payout calculators. They are not accurate. Your final payout amount is subject to a range of different factors. If you’d like to have a sense of where you sit with your injury compensation claim, contact Foyle Legal, your local personal injury lawyers in Perth for an obligation free consultation. We will give you the honest legal advice upfront!
Legal Fees for No Win No Fee Compensation Lawyers
Not all No Win No Fee lawyers are the same. With Foyle Legal, it’s fully transparent. There will be no hidden costs and no surprises!
No Win No Fee Procedure
The usual procedure when you engage a personal injury lawyer and the personal injury compensation lawyer charges you regularly for work done regardless of whether you win or lose your injury claim. A no win no fee compensation 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 Pay lawyers offer the same arrangements for the legal fee, and you must 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, you will have to pay the other party’s legal costs and disbursements such as court costs and medical costs. As a result, you must choose a good lawyer that has a good track record of success. Our team of experienced personal injury lawyers at 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 in Perth WA? Foyle Legal provides legal presentation to 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