No Win No Fee Car Accident Claims WA

Podcast Transcript: No Win No Fee Car Accident Claims WA

Disclaimer: The information provided in this podcast is for general informational purposes only and does not constitute legal advice. Listening to this podcast does not create an attorney-client relationship with Foyle Legal. For advice tailored to your situation, please consult a qualified legal professional.

Welcome to Personal Injury Claims Explained

Welcome to Personal Injury Claims Explained by Foyle Legal, your trusted source for understanding personal injury claims in Western Australia. Each week, we simplify complex legal issues, from motor vehicle accidents to workplace injuries, so you can confidently navigate your rights and claim the compensation you deserve.

Understanding No Win No Fee Agreements

Host 1: Hey everyone, buckle up because today we’re taking a deep dive into something that’s pretty crucial here in WA—motor vehicle accident claims.

Host 2: Definitely important, even if it’s not the most cheerful topic. But hey, knowledge is power, right?

Host 1: Absolutely. And we’ve got some interesting insights from Foyle Legal, a Perth-based personal injury law firm.

Host 2: Right. Foyle Legal’s expertise shapes their perspective, but there’s a lot we can learn from their approach. Let’s start with no win no fee agreements. They really emphasise that, but what’s the real deal for the average person?

Host 1: No win no fee is catchy, but legally, it’s called a conditional cost agreement. It’s about accessibility, but the fine print really matters.

What to Look for in a No Win No Fee Agreement

Host 2: Okay, so what should our listeners be looking out for in that fine print?

Host 1: First, understand what constitutes a “win.” For some firms, it’s only a court victory, while others count settlements. Then, there are disbursements—case costs like court fees or medical reports. Some firms cover these, while others only include them if you win, which affects your final payout.

Host 2: So, it’s more than just “we win, you pay; we lose, you don’t,” huh?

Host 1: Exactly. Ask for their fee structure, including all scenarios—win, lose, or settle. Transparency is key.

Do You Have a Case?

Host 2: Let’s say someone has been in an accident here in WA. How do they even know if they’ve got a case?

Host 1: Foyle Legal highlights two main criteria:

1. The accident must have happened in WA.
2. You can’t be 100% at fault. Even if you share some blame, there’s something called contributory negligence.

Host 2: Contributory negligence? That’s a mouthful. Can you explain?

Host 1: Sure. Say you’re driving and have a green light but are slightly over the speed limit. Someone runs a red light and hits you. They’re mostly to blame, but your speeding counts as contributory negligence. If the court finds you 20% at fault, your compensation could be reduced by 20%.

Host 2: So, don’t assume you have no case just because you weren’t perfect.

What Can You Claim Compensation For?

Host 1: Speaking of compensation, what can someone actually claim after an accident?

Host 2: Foyle Legal mentions medical bills, of course, but also less obvious things like:

• Travel costs for medical appointments.
• Relocation expenses if injuries are severe.
• Lost income, including future earning capacity.
• Pain and suffering, which is subjective but recognised by law.

Host 1: That’s a lot to consider. They even include “special damages,” like modifying your home for accessibility or childcare costs.

Host 2: Documentation is key—keep receipts, invoices, and medical reports organised.

The Role of the ICWA

Host 1: Foyle Legal mentions the ICWA a lot. Who are they, and what’s their role?

Host 2: The ICWA, or Insurance Commission of Western Australia, manages compulsory third-party (CTP) insurance. Every WA vehicle registration fee contributes to this fund. If you’re injured and the other driver is at fault, you’ll deal with the ICWA for compensation.

Host 1: So, they’re the ones handling the money?

Host 2: Exactly. But they have experienced adjusters and lawyers, and their goal is to minimise payouts.

The Claims Process: Three Stages

Host 1: Foyle Legal breaks the claims process into three stages: engagement, case building, and negotiation/settlement. Let’s unpack those.

Host 2: First, engagement is your initial consultation. It’s where you lay out the accident details, your injuries, and concerns.

Host 1: Then comes case building. This is where the lawyer gathers evidence like police reports, medical files, and witness statements to strengthen your case.

Host 2: Finally, negotiation and settlement. Your lawyer presents the evidence to the ICWA and fights to get you the best deal possible.

Host 1: Experience really matters here. A good lawyer knows the ICWA’s strategies and how to counter them.

Why Acting Quickly Matters

Host 2: Foyle Legal emphasises acting quickly because of statutory limitations—essentially, deadlines for making a claim.

Host 1: If you miss the deadline, you could lose your right to compensation entirely.

Host 2: Even if you’re unsure, it’s better to reach out sooner rather than later to protect your rights.

Final Thoughts

Host 1: We’ve covered a lot: no win no fee agreements, valid claims, compensation types, the ICWA, and the claims process.

Host 2: It’s a lot to take in, especially with the emotional and physical stress of an accident. But knowing your rights and understanding the process is empowering.

Host 1: Don’t be afraid to ask for help—whether it’s from a lawyer, support groups, or friends and family.

Host 2: And remember, being informed helps you make the best decisions for your situation.

Host 1: Absolutely. Thanks for joining us for this deep dive into motor vehicle accident claims in WA.

Host 2: Stay curious, stay informed, and most importantly, stay safe out there.

Thank you for listening to Personal Injury Claims Explained by Foyle Legal. We hope this episode helped clarify your rights and next steps in your injury claim. Don’t forget to subscribe, leave a review, and visit foylelegal.com for more useful information. See you next time!