No one expects to wake up one day shattered by pain, physically, emotionally, and financially, because someone else failed to take care.
Yet, every year in Western Australia, thousands do. Every slip on a wet floor, every car crash, every workplace accident carries not just broken bones, but several other tolls. There are sleepless nights, hospital bills, missed events, and post-incident trauma.
If this has happened to you, don’t feel alone. We can assure what you’ve been through absolutely deserves compensation.
At Hoe Lawyers, we’ve seen many lives held back by someone else’s negligence. We believe in restoring dignity, enabling healing, and helping people get their due recompense. Our expert personal injury lawyers explain your rights & help in fighting for them.
So, let’s equip you with some needed knowledge of what is covered under personal injury claims umbrella and how you can get compensation.
How Personal Injury Claims Work in Western Australia?
Do You know? More than 4 people die every day in WA from injury-related incidents.
Here most personal injury cases come under negligence law, especially under the Civil Liability Act 2002 (WA). This Act codifies principles around duty of care, breach, causation, and damages.
To succeed in a negligence claim, your lawyer must show:
- The defendant owed you a duty of care (they should have taken precautions).
- They breached that duty (failed in those precautions).
- That breach caused your injury (the link is not too remote).
- You suffered loss or damage (medical costs, lost wages, pain, etc.).
If all these elements align, you are entitled to compensation for what you’ve lost or suffered.
Contributory Negligence
Okay, hear out an important setback. Under section 5K of the Civil Liability Act, if you are partly responsible for your injury (for instance, not watching your step in a slip), your compensation can reduce proportionally.
Also note: Each type of personal injury claims is handled differently under the Act under special rules. So, you (and your lawyer) should be aware of that.
Also Read: A Guide to Compensation & Personal Injury Lawyers in Perth
Types of Personal Injury Claims in WA
Below are some of the most frequent claims our team at Hoe Lawyers handles. Each one has its own legal complexity and evidence requirements.
1. Motor Vehicle Accident Claims (Car, Bike, Pedestrian)
When you’re injured in a crash involving a registered WA vehicle, you claim against the CTP (compulsory third-party insurance) scheme, managed by ICWA.
Remember that:
- Even if the driver is uninsured or unidentified (hit-and-run), you still have a claim under the CTP scheme and get an accident compensation.
- If your injury is catastrophic (e.g. spinal cord injury, traumatic brain injury, amputations, permanent blindness, severe burns), you are entitled to ongoing support and care under Motor Vehicle (Catastrophic Injuries) Act provisions.
- Car accident claims must be lodged within three years of becoming aware of the injury.
Source: Legal Aid WA Government
Through this route, you can get compensation for medical care, lost income, rehabilitation, pain and suffering, and more.
2. Wrongful Death Claims
If someone dies because of another’s negligence, their dependents can bring a wrongful death or dependant’s claim.
This claim involve compensation for funeral expenses, loss of financial support, and grief and loss of companionship. It proceeds under both the negligence principles in the Civil Liability Act and related statutes.
3. Workplace Injury Claims
WA operates a no-fault workers’ compensation system under the Workers’ Compensation and Injury Management Act 1981 (and its more recent updates).
WA Government suggest the following steps for this claim:
- You must report the injury to your employer immediately.
- Attend a medical practitioner and get a First Certificate of Capacity.
- Submit a Workers Compensation Claim Form.
- The employer has 7 days to lodge their section.
Moreover, workers’ compensation doesn’t require proof of negligence. You just need to show the injury is occurred out of or in the course of your work. Plus, you can also pursue a personal injury (negligence) claim against a third party (not your employer) if their negligence caused your work injury.
4. Public Liability Claims / Slip and Fall Claims
They are claims against property owners or occupiers when unsafe conditions cause injury to visitors or the public. e.g. wet floors, uneven paths, broken handrails. In WA, such claims are regulated by the Civil Liability Act 2002 and common law negligence rules.
Because slip-and-fall cases are based on what the occupier knew or should have known, early evidence is necessary. E.g. photos, incident reports, and witnesses.
5. Product Liability Claims
If you’re injured by a defective product, you have a product liability claim under the Australian Consumer Law (ACL) and possibly negligence. You’ll need to provide technical evidence to prove the defect and its causal link to injury.
Manufacturers, importers, or suppliers will be held liable for defects, inadequate warnings, or design flaws. This faulty product can be anything like a power tool, furniture piece, home appliance, machinery or a child toy.
6. Child Sexual Abuse Claims
WA has removed limitation periods for child sexual abuse claims. It means survivors can bring claims regardless of how long ago the abuse occurred. These claims are sensitive and complex. Most of them also involve institutions (schools, churches) that are liable for failing to protect or supervise.
Compensation can include counselling costs, therapy, and damages for psychological harm.
7. Medical Negligence Claims
When a doctor, hospital, or health professional breaches the standard of care and causes or worsens the injury or disease, you have a medical negligence claim. For example, misdiagnosis, surgical errors, consent failures, incorrect reports or expired medicines.
Under the Civil Liability Act, Section 5PB governs standard of care for health professionals. In some cases, courts have also held that certain risks must be disclosed even if not universally accepted in professional practice (e.g. Veitch v Connor 2023).
These cases require strong medical evidence to show that provider failed to act as a reasonable professional and that the harm could be avoided with proper medical care.
8. Food Poisoning Claims
If you become ill due to contaminated food at a restaurant, café, or supermarket, you can bring a public liability / product liability claim. The business has a duty under consumer law and health regulations to maintain food safety and hygiene standards. You can get medical costs, lost earnings, and suffering compensation.
So now, let’s talk about the range of what you can get.
What Compensation Can I Get in Perth / WA?
Personal injury compensation in Perth depends on:
- Severity and permanency of the injury
- Impact on your ability to work
- Medical and care needs (present and future)
- Pain, suffering, and loss of enjoyment of life
Some categories that count in compensation are:
| Type of Damage | Description |
| Economic Loss | Lost income, future earning capacity |
| Non-Economic Loss | Pain, suffering, and emotional distress |
| Medical Costs | Hospital bills, rehabilitation, and treatment |
| Care Costs | Domestic and nursing care expenses |
To illustrate, let’s give you an example. A 21-year study suggests that in WA, the median personal injury settlement is about $229,687, while the average is $461,533. But they are just broad benchmarks, and individual cases vary widely.
Also, keep in mind that common law claims are reduced if contributory negligence is found.
Role of Your Injury Compensation Lawyers
You don’t have to fight insurers and legal technicalities alone. A qualified injury compensation lawyer can:
- Assess whether your situation qualifies under types of personal injury cases
- Advise on relevant laws (Civil Liability Act, workers’ compensation, ACL)
- Gather crucial evidence (medical, witness, expert reports)
- Handle negotiations or litigation in the claim settlement process
- Protect you from tricky insurer tactics
- Explain every step of the legal process for injury claims
At Hoe Lawyers, we combine legal know-how with compassion. We strive to support you from your first consultation through to resolution.
Legal Process for Injury Claims: Step by Step
Here is a simplified flow of what to do or what generally happens.
- Seek immediate medical treatment because your early records are vital.
- Contact a lawyer and get injury claim advice before signing anything.
- Notify / lodge claim to relevant authorities. E.g. for motor vehicle claims you go via ICWA, for public liability or medical negligence you send a notice of claim to the defendant.
- Start the investigation & evidence gathering. Your lawyer arranges medical reports, expert opinions, photographs, and witness statements.
- Don’t skip negotiation & settlement efforts, as many cases settle without going to court.
- Proceed to trial in the District Court or higher, if settlement fails.
Statutes & Time Limits
Beyond the Civil Liability Act, you’ll need to be aware of:
- Limitation periods (essentially deadlines) under the Limitation Act 2005 in WA. Personal injury claims must be brought within three years from when you first became aware of your injury.
- Exceptions for minors, catastrophic injuries, or latent injuries.
- For motor vehicle injury claims in WA, you make the claim through Insurance Commission of Western Australia (ICWA) rather than suing a driver directly.
- In public liability and medical negligence, the Statute of Limitations gives you 3 years to start proceedings.
- The District Court of WA holds jurisdiction to hear personal injury claims of unlimited value.
Failure to act in time means you lose your right to compensation, so get prompt legal advice.
Still have Questions? Read Out Our Personal Injury FAQs
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