Accidents can turn your whole life upside down. Both financially and physically. If you are hurt because of someone’s careless actions. You are entitled to the compensation.
But navigating the legal landscape of personal injury claims is tough and time-consuming. So, we gathered an expert team at Hoe Lawyers to support you in such a critical situation. We will take all the legal burden so you can focus on healing.
Our personal injury lawyers can handle everything from paperwork to medical referrals. & help you in achieving the best outcome for your claims.
Here is some basic knowledge of personal injury claims you should have beforehand.
What is a Personal Injury?
In legal terms, personal injury is any harm caused to an individual’s well-being. Due to the negligence of another party. It can be physical, psychological or emotional. Following types of circumstances are included in it.
- Injuries by motor vehicles (catastrophic or fatal)
- Harm suffered by a victim of any crime
- Injuries in the workplace
- Accidents caused by someone else’s property
- Harm due to faulty products or services
- Nursing Home Abuse
- Aviation or Boating Accidents
- Asbestos Exposure
- Food Poisoning
The impact of such injuries goes beyond physical pain. They can shake up your whole life with their emotional and financial strain. That’s why, proper compensation is needed. That can help you cover the costs and get back on the track. Easing the stress caused by the accident.
Let’s see what types can come under the term of personal injury.
Types of Personal Injuries
Understanding the types of personal injuries can help potential petitioners. To identify where their case lies. Here are some common types:
- Road injury: Road trafficaccidents involving cars, motorcycles, or trucks. They can result in serious injuries. And can lead to compensation claims.
- Workplace Accidents: Incidents that occurred on the job site or due to management issues at the workplace. E.g. slips, falls, or equipment malfunctions.
- Childhood Abuse: Abuse faced by minors at home, school, church or any other place. It includes physical, sexual, mental or emotional abuse.
- Medical Negligence: Injuries caused by the negligence of healthcare providers. Or substandard medical treatment or equipment.
- Public Place Injury: Injuries due to hazardous conditions in public or private spaces. Like wet floors or uneven pavements.
- Disease Exposure: Exposure to any type of disease-causing agent at the workplace. Or the worsening of pre-existing medical conditions.
- Product Liability: Harm caused by defective products or low-quality goods of routine use. E.g. electronics, food items, medical devices etc.
- Assault and Criminal Injuries: Injuries sustained from violent acts. They also qualify for compensation under the laws of Western Australia.
If you have encountered any of these conditions. You can claim for compensation. Let’s know more about the claim.
Personal Injury Claim | What is it?
It is a claim for compensation made by the victim to cover the financial losses caused by the injury. These claims are governed by negligence laws of The Civil Liability Act 2002. The victim can request higher compensation by hiring a lawyer. Who will pursue legal action on their behalf.
A huge proportion of these claims consists of motor vehicle accidents. The Insurance Commission of Western Australia manages all those claims. If they Involve Western Australian licensed vehicles.
However, the nature of these claims varies with the situation. So, it is important to take the full impact of personal injury into account. & all the aspects of your life affected by it. So, make sure to hire the experts & discuss it completely with your legal team. If your claim is just routinely ‘processed’. You can stuck in the following situations.
Common Problems While Claiming Personal Injuries
Here are some common situations we have witnessed with personal injury claims.
1. You are injured and you want to make a claim.
Our team will show the whole procedure to you. & guide you about how to file a claim.
2. You want to find out whether you qualify for a claim.
Our Personal Injury Lawyers in Perth will inform you about the qualification criteria. & discuss all the aspects of damage caused to you.
3. You want to know about things you’re entitled to in a claim.
We will take all legal requirements into account. & calculate the claiming amount. As well as additional amounts like lump sums.
4. You have faced the rejection of your claim.
If you don’t have legal assistance. You may accept a claim denial without questioning it. We will guide you about the ways to challenge the rejection.
To help you overcome these stressful scenarios. Let’s get some know-how of the claim process.
Claim Process for Personal Injuries
The personal injury claim process involves the following critical steps.
- Initial Consultation: With the personal injury lawyer
- Claim assessment: Determining the validity of your injury claim
- Claim preparation: Gathering of evidence
- Lodging of Claim: Filing to the appropriate legal body
- Claim settlement: Payment amount
- Dispute resolution/ litigation: Taking the matter to court
For all these steps. There is a need of proper legal assistance. Let’s see, what our team can offer you.
Services Provided by Our Perth Compensation Lawyers
Our compensation & Personal Injury Lawyers will guide you along the process & help you with the following proceedings.
Service | Description |
Client Evaluation | Assessing a client’s case Checking injury’s severity, context, and proof of negligence Determining its eligibility for a personal injury claim |
Case Investigation | Gathering evidence to support the claim Documenting medical expenses and gathering accident reports Ensuring accuracy of all the details |
Damage Calculation | Evaluating the financial impact of the injury Calculating costs. E.g. medical expenses, lost wages, rehabilitation needs, and other associated losses. |
Representation in Court | Providing legal representation and advocacy in court Representation of the client’s rights and interests |
Settlement Negotiation | Working with insurance companies and other parties involved Deciding a fair settlement to cover all losses |
You can contact us at Hoe Lawyers to learn further about our services. Or in case of any confusion or queries.
Qualification Criteria for a Personal Injury Claim
To qualify for a personal injury claim in Perth & WA. The following criteria must be met.
- Prove that the injury occurred due to someone else’s negligence.
- Show that injury caused a significant impact on your physical or mental health.
- Provide evidence of medical expense, lost income, and other relevant financial loss.
- Make sure that the claim is filed within the statutory period (3 years in WA).
Let’s know more about the time frame for your claim.
Time Limitations in Personal Injury Claims
Under the Limitation Act 2005 of WA. There are strict limits of time for filing a personal injury claim. Exceeding this deadline will not allow you to pursue compensation. So, always act promptly when you know about the injury.
Claim Type | Time Limit for Personal Injury Claims |
Workers Compensation | 6 months Can be extended to 3 years in certain circumstances (e.g. late diagnosis) After 3 years, SIRA approval will be required More than 3 years if death or permanent impairment is caused |
Car Accident Injury | 28 days (to get back-payment of lost income) 3 months (for filing your claim) Some exceptions in certain circumstances |
Public Liability Claim | 3 years from the date of the injury Exceptions in case of late awareness |
Medical Negligence | 3 years from the date of injury or diagnosis Exceptions for children and people with impairments |
Lodging a complaint within the suggested time frame can result in easy processing of your due compensation amount.
How Much Compensation Can You Expect?
The amount you receive in a personal injury claim depends on several factors. The common inclusions in settlement amount are:
- The money you lost during your time off work
- The medical expenses caused by the injury
- Travel expenses needed for medical treatments
- The cost of nursing staff or any help you need
- Future lost income (until healing)
- An amount to ease your psychological suffering
Our team at Hoe Lawyers works to provide you the maximum benefit. & help you understand your rights and potential compensation.
If you have further queries, Check out 20 Personal Injury FAQs | Hoe Lawyers Perth
Finding Personal Injury Lawyers in Perth?
Contact Us for Expert Compensation & Personal Injury Lawyers
At Hoe Lawyers. We believe that no one should face the consequences of a personal injury alone. Our team is here to stand by you. Offering expert advice, support, and correct representation. OurPerth personal injury lawyers will support and guide you in every stage of the claim process. Our services include:
- Initial Consultation: A 30-minute session to discuss your claim.
- Legal Representation: From negotiations to court representation. we offer firm support along every step of your claim process.
- Detailed Claim Preparation: We make sure that every aspect of your case is thoroughly prepared. And your interests are being correctly represented.
If you or your loved one has been injured due to another’s negligence. Reach out to us today. helping you reclaim stability and secure the compensation you deserve.