People who sustain injuries due to the carelessness or fault of another person and who have made a claim, may be entitled to financial compensation in the form of Personal Injury damages. Damages and Compensation are intended to help the injured party cover medical costs, lost wages, and other costs associated with the injury.
Here are the common types of Personal Injury cases and where to find Accident Claims Lawyers in Perth.
Common Personal Injury Case Types
Personal Injury Law, commonly known as “Tort” Law, aims to make amends for those who suffer losses as a result of the conduct of others. Typical Personal Injury claim examples include:
Most Motor Vehicle Accident claims are resolved through an insurance claim procedure with the compulsory 3rd party insurer that every motorist pays for as part of their annual registration. If settlement negotiations fail or the at-fault motorist insurance has been denied or questions who is at fault, you might need to commence legal proceedings with the District Court of WA. Whilst you can self-represent it is strongly recommended that you seek the help of a Personal Injury Lawyer to assist you through this complex process.
Claims Involving Slip and Falls
Also known as “Public Liability,” “Slip and Fall” is another frequent variety of Personal Injury claims. Legal obligations require property owners to keep their homes, land and businesses safe and secure.
A person may lodge a claim against the property owner for damages if they suffer an injury due to an unsafe property. If you have suffered an injury and made a claim find out more about the proof requirements for a slip and fall case.
Criminal Injuries Compensation
Accidents account for the majority of Personal Injury claims, but in unfortunate circumstances where you are a victim of crime, you can also file a claim with the State Government’s Criminal Injury Compensation Assessor. For instance, if someone assaults you, and you have made a claim with the CIC, there are strict guidelines as to what you claim, be reimbursed for and awarded. Whilst you can complete this yourself, it is strongly recommended that you seek advice from a Personal Injury Lawyer to ensure that your claim entitlements are presented fairly and you receive the best possible entitlement.
People who sustain injuries due to a faulty or excessively dangerous product may bring a claim against the product’s seller and maker.
The Difference between Personal Injury Claims and Court Proceedings
Whilst you have already made a claim, let’s take a look at the differences between claiming with the insurer directly (the ordinary claims process) vs. court proceedings
The Claims Process
● You are involved in an accident that wasn’t your fault (motor vehicle for example) and have suffered injuries.
● You fill out a claim form with the responsible insurer (for example ICWA if it is a motor vehicle claim).
● The insurer assesses the claim to determine liability (who is at fault – in their view).
● The insurer (if liability is not denied) should pay for your reasonable treatment of medical expenses and other compensation.
● If the claim is coming to an end, and you have received the correct and proper medical attention required throughout the process, you may be entitled to further compensation (such as general damages, lost earning capacity and future medical treatment etc.)
● Courts are not involved in the claims procedure, instead, either in person or with your lawyer you try to work out a private settlement to avoid Court proceedings, unnecessary costs or further delays.
● Most claims made with an insurer and, if presented correctly, will settle without ever having to go to start Court proceedings.
The Court Process
● The same process is usually followed as above, however there is now a significant dispute between you and the insurer either as to liability (who is at fault) and/or the amount of damages you are entitled to.
● Whilst this process is costly and can extend the time as to when you receive a settlement (if you are entitled to one), this process might be necessary if there is a genuine dispute. This doesn’t mean you need to go all the way to trial, as often many cases (some higher than 97%), rarely make it to Court.
● If your claim is presented properly and considers all your correct entitlements, this process of going to Court can be easily avoided. This is why seeking advice from a lawyer who understands Personal Injury law should be sought as soon as possible when a claim is made in the first instance.
Personal Injury damages come in a variety of forms, and it’s critical to comprehend how they differ from one another. For example, the above process is different in Worker’s Compensation claims, where liability is not a test for a claim made under the statutory scheme (no-fault system). However, it is relevant if you want to commence Court proceedings and there are legal grounds to do so.
Various damages are potentially available in these processes. For example, a non-exhausted list may include.
General damages: This refers to compensation for the pain and suffering caused by the injury, as well as any loss of enjoyment of life, and loss of amenities. The amount of general damages awarded will depend on the severity and duration of the injury, as well as the impact it has on the individual’s life.
Special damages: This refers to compensation for the financial losses suffered because of the injury, such as medical expenses, loss of earnings, and other out-of-pocket expenses. The amount of special damages awarded will depend on the actual expenses incurred, as well as any future expenses that are likely to be incurred as a result of the injury.
Loss of earning capacity: This refers to compensation for the loss of ability to earn income in the future as a result of the injury. This may be awarded if the injury has a long-term or permanent effect on the individual’s ability to work and earn an income.
Future medical expenses: This refers to compensation for any medical expenses that the individual is likely to incur in the future due to the injury.
Domestic assistance: This refers to compensation for the cost of any household or domestic assistance that the individual requires as a result of the injury.
It is important to note that the specific amount of damages awarded in a personal injury case will depend on the individual circumstances of the case, and may vary widely from case to case. It is advisable to seek the advice of a Personal Injury lawyer to better understand the damages that may be available in your specific case. Clients who seek advice earlier on in the claims process are generally in a better position when it comes time to negotiate a final settlement of their claim.
D’Angelo Legal is a Perth-based Law Firm committed to providing our clients with practical solutions to their legal challenges. Start the complimentary conversation with one of our Accident Claims Lawyers today.
Disclaimer: The information contained in this article is intended for general informational purposes only and does not constitute legal advice or establish a solicitor-client relationship. The content is provided as is, without express or implied warranties of any kind or considering your circumstances. This article is not intended to be a substitute for obtaining legal advice from a solicitor. Readers are encouraged to consult their legal advisors for specific legal advice tailored to their needs. No reader should act or refrain from acting based on this article’s information without seeking professional legal advice.