Experiencing a personal injury can be a life-changing event. Be it a car accident or you got injured at work.
Knowing your rights and the legal options available can help you recover more quickly.
At Hoe Lawyers, we know that personal injury cases come with many questions. That’s why, we’ve compiled this FAQ guide to address the most common concerns people have about personal injury law, compensation claims, and the legal process involved.
We’ll also highlight how Hoe Lawyers can assist you in securing fair compensation. Providing you with a transparent and expert legal advice throughout your case.
Let’s get started.
What is Personal Injury?
Personal injury refers to any harm a person experiences due to someone else’s actions or negligence.
It can be both physical or psychological. Psychological harm is often called ‘nervous shock’. It can also be part of a personal injury case. But there are specific legal guidelines around when you can claim for mental injuries.
Note that there are strict deadlines and legal requirements for filing a personal injury claim. So, it’s always best to seek legal advice as soon as possible.
What is a Personal Injury Claim?
Personal injury claim refers to the legal process in which an injured person seeks compensation for damages caused by another party’s negligence.
These damages can be physical, emotional, or financial. The injury claim aims to help the injured person return to the state they were in before the injury occurred, as much as possible. Compensation often covers medical expenses, lost income, and pain and suffering.
What types of injuries are covered in personal injury claims?
Personal injury claims can come from many different situations. Here are some common examples:
- Motor vehicle / Car accidents
- Workplace accidents
- Public liability (In public places or on private property)
- Medical negligence (Caused by medical professionals’ mistakes)
- Assault
- Wrongful death
- Products liability – (From defective products)
- Nursing home abuse
- Aviation or boating accidents
- Asbestos exposure
- Food poisoning
What are damages?
Damages refer to the monetary compensation awarded to someone who has been injured.
In certain cases, specific laws outline how much compensation can be awarded. Such as for injuries resulting from a crime or those related to work accidents. Sometimes, the injured person needs to ask the person responsible for the injury to pay for their damages. This might involve negotiating a settlement or even going to court.
Many personal injury cases are resolved through agreements. Even if they have started in court.
What types of damages can I claim?
You can claim several types of damages in personal injury matter. Such as:
- Lost incomes: This covers the following two:
- past income you missed out on.
- future earnings you might lose due to the injury.
- Pain and suffering: This compensates you for the physical pain and emotional distress caused by the injury.
- Medical expenses: This includes costs for medical treatment related to the injury.
- Home assistance: If you need help at home due to your injury. You can also claim for these expenses.
- Loss of life enjoyment: The joyful moments you miss in life.
- Incidental expenses: This involves travel and the loss of clothing.
Are there limits on the amount of damages?
Yes, there are limits on how much compensation you can receive if your injury happened after January 1, 2003, under law in Western Australia.
Specifically, there are restrictions on non-monetary damages. Which refer to compensation for things like pain and suffering or loss of enjoyment in life. This means that you can seek damages for these emotional and personal impacts. But there are set limits on how much you can claim.
What are the time limits to lodge a claim?
If you want to make a claim for personal injuries, you generally need to do so within 3 years from when the injury happened.
This means you have 3 years from the date you were injured to start your claim. But there are some situations where this three-year period can be extended. If you’re thinking about making a personal injury claim. It’s a good idea to reach out to a private lawyer. Don’t wait too long to get started.
What should I do if I am injured at work?
If you are injured at work, it is important to take immediate action to protect your rights.
Start by reporting the injury to your employer as soon as possible. Ensuring that it is properly documented. You should then seek medical attention to evaluate and treat your injury. In Western Australia, workers are entitled to compensation for work-related injuries. But understanding the process can be complicated.
Our legal advice, at Hoe Lawyers, can guide you through your workers’ compensation claim to ensure you receive the benefits you’re entitled to.
How is compensation determined in personal injury matters?
The amount of compensation you can receive in a personal injury matter depends on several factors. Such as:
- severity of the injury
- impact on your ability to work
- medical expenses
- other financial losses
Additionally, compensation can include damages for pain and suffering, emotional distress, and loss of quality of life. Each case is unique. Hoe Lawyers will thoroughly assess your situation to ensure that all relevant factors are considered in your claim.
Who can claim compensation for personal injuries?
If you’ve been in a motor vehicle accident, you can be eligible to claim compensation for your injuries. This includes drivers, passengers, riders, pedestrians, and cyclists.
If I have a personal injury claim and I have been offered a settlement, what should I do?
If you have a personal injury claim and someone has offered you a settlement. It’s important to seek legal advice before agreeing to it. Talking to a lawyer can help you understand if the offer is fair. It will clear if you might be entitled to more compensation.
Will my personal injury case go to court?
Many personal injury cases are settled out of court through negotiation between the injured party’s lawyer and the responsible party’s insurance company.
But in some cases, going to court for personal injury claims can be necessary to secure a fair settlement.
If the insurance company denies liability or offers enough compensation. Hoe Lawyers will represent you in court to ensure your rights are fully protected.
How long does the personal injury claims process take?
We’re here to help you every step of the way and make the process as quick as possible. We’ll work with your doctors to get the right medical advice, which is essential for settling your claim at the right time.
During your first consultation, we’ll answer all your questions about legal fees and the process.
What are success fees in personal injury claims?
A success fee is the portion of your compensation that a personal injury lawyer can keep for their services if your claim is successful.
By law, this fee is limited to a maximum of 25%. This means your lawyer can take up to 25% of the total compensation you receive for their work on your case.
Can I claim for an accident even if it was partially my fault?
Yes, in Western Australia, you can still make a claim for a car accident, even if you share some of the blame.
But the amount of compensation you receive will be reduced based on how much fault is attributed to you. For example, if you’re found to be 20% responsible for the accident, your compensation could be reduced by that same percentage.
In New South Wales, if you were injured in a motor vehicle accident before December 1, 2017. And you were the driver at fault. You might still be eligible for up to $5,000. But if you were partly at fault, your claim could be adjusted accordingly.
If you were not at fault, you can be able to claim compensation for things. Like medical treatment, rehabilitation costs, loss of future earnings, and non-economic losses, such as pain and suffering.
Hoe Lawyers can evaluate your situation and guide you through the complexities of contributory negligence to help you achieve the best possible outcome.
What if I don’t have the details of the other vehicle(s) involved in the accident?
If you don’t have the information about the other vehicle(s) involved in the accident. Don’t worry. You can still start a claim with the Nominal Defendant. Once we begin our investigation, we will work to identify the right party you can claim against.
What should I bring to my initial consultation with Hoe lawyers?
When meeting with our team at Hoe Lawyers for a personal injury matter, it’s helpful to bring any documentation related to the incident. This may include medical records, accident reports, correspondence with insurance companies, and any witness statements. The more information you provide, the better we can assess your case and provide accurate legal advice.
What if I have been exposed to asbestos?
If you’ve been around asbestos, the Australian Government has created the National Asbestos Exposure Register to help. This register collects important information to keep track of potential asbestos exposure. Here’s what you’ll need to provide:
- Your personal information
- Details about the possible exposure, like when and where it happened, and what occurred
- Information about any diagnoses of asbestos-related diseases you may have
The data collected can be used to reach out to you with important updates about asbestos safety and related events. It could also be used for research purposes while keeping your identity private.
You can register your details online on the National Asbestos Exposure Register website if you suspect you have been exposed to asbestos. Additionally, if you need legal assistance regarding asbestos exposure, Hoe Lawyers is here to help.
What costs to hire a private lawyer for a personal injury claim?
Legal costs can be a main concern for many clients. That’s why, we offer transparent pricing and can provide a fixed-fee structure for your personal injury claim through a costs quote. This ensures there are no surprises when it comes to legal fees. Our goal is to provide excellent and affordable legal services. Thus, we make high-quality legal representation accessible to everyone in need.
How Hoe lawyers helps in personal injury matters?
At Hoe Lawyers, we pride ourselves on providing professional, personable, and prompt legal services. Our experienced team of Perth lawyers offers clear and comprehensive legal advice to help you navigate every aspect of your personal injury claim.
Need help for your personal injury case?
Contact Hoe Lawyers for Expert Legal Assistance
If you or your loved one has been involved in any personal injury matter. Don’t wait to seek legal advice.
Hoe Lawyers are here to provide the guidance you need. With years of experience in personal injury law and a commitment to transparency and affordability. We are ready to help you secure the compensation you deserve.