People injured in Western Australia due to the negligent driving of a motor vehicle may be have a right to claim compensation for any injuries suffered and this is possible even if it was partly your own fault.
In Western Australia compensation is paid by the Insurance Commission of Western Australia if the negligent party was driving a Western Australian registered car.
Generally, compensation is paid by an insurance company that manages these types of claims. After a claim is made the insurance company often seeks advice from their own lawyers as to whether they should accept a claim, how they manage the claim and the amount of compensation to be paid.
For that reason, if you are involved in a motor vehicle accident in Western Australia, it is critical that you obtain advice from your own lawyer to ensure that you are aware of all the benefits available to you. One of our experienced lawyers will be able to advise you of your chances of obtaining compensation.
Having a right to compensation
Your right to compensation is qualified by legislation:
- You must have been injured whilst driving, as a passenger, or when a pedestrian.
- The injury must have been caused, in whole or part, by the neglect of another person in the control of a motor vehicle.
- In addition, you may have a valid claim, even if your injury was partly your own fault.
- If you suffer psychological damage, stress or anxiety as the result of witnessing or being made aware of an accident you may also have a claim.
- If the accident is fatal and if you are a ‘dependant’ of somebody killed as the result of the negligent use of a motor vehicle, you may also have a claim for compensation as a result of the injury or death of another.
Once a claim is established
If you have a claim, the sorts of entitlements you may claim include:
- Your past and or future loss of earnings, lost superannuation , your medical expenses, cost of a carer or housekeeper;
- Monetary compensation for pain and suffering, loss of enjoyment of life, trauma, shock, stress for example.
The benefit of seeking legal help
It is very important that you seek legal advice as quickly as possible after suffering an accident to ensure that your claim is properly made from the outset and the necessary evidence needed to prove your claim is done in such a way that your claim is maximized.
It is important that from the outset you know the merits of your claim and are aware of its strengths and weaknesses, so that you can make fully informed decisions.
You should note that the completion of a claim takes time and is dependent on your injuries stabilizing, the collection of evidence, as well as the progression of court proceedings. Rushing a matter can compromise your entitlements and sometimes your prospects of success. From a claimant’s perspective waiting for a claim to be finalized can be difficult, but it is important to focus on moving forward with your life as best you can.
Time limits
Please note, in most cases strict time limits apply. It’s important to speak with a lawyer for independent legal advice at the earliest opportunity after your injury to make sure your interests and rights are protected. If you don’t make a claim within the time limits your claim will be barred by the Statute of Limitations.
Next Step
Remember strict time limits apply. If you have been in an accident or you know someone who has and you want an accurate appraisal please call us on (08) 9335 9877 or complete the form below to request an Introductory Consultation.
