Understand What You May Be Entitled To Before You Begin
Before making a personal injury claim, it’s crucial to know exactly what you can ask for under personal injury law in Western Australia. Many people injured in a motor vehicle accident or workplace mishap don’t realise how broad their rights are. Understanding your rights ensures you don’t settle for less than the maximum amount. A good lawyer explains how WA personal injury payouts work and what applies to your situation.
Report Your Accident Promptly and Properly
Always report any accident to the police, your employer, or the Insurance Commission as soon as possible. Quick reporting helps protect your right to claim compensation and shows you’ve done the right thing from day one. If you wait too long, your claim can be harder to prove and may even be rejected. This applies whether you were a driver, passenger, or injured worker.
See a Doctor and Keep Detailed Medical Records
Even if your injuries seem minor, see a doctor after the incident for a thorough check. Accurate medical records link your injuries to the motor vehicle accident, workplace incident, or other cause. These records prove your medical expenses and support your personal injury compensation. This step is vital to secure a fair settlement later.
Know How Workers Compensation Works in WA
If your accident happened at work, you may be eligible for workers compensation. A proper workers compensation claim can cover lost wages, medical expenses, and possibly a lump sum payout for permanent impairment. Understanding how workers compensation interacts with other claims can prevent you from losing entitlements. A lawyer helps explain how this works in Western Australia.
Get Familiar With the Insurance Commission’s Role
In Western Australia, the Insurance Commission manages most motor vehicle accident claims. They decide who is liable and how much compensation is paid. If the other driver is at fault, the Insurance Commission usually covers the payments. Knowing this helps you deal with your claim properly and reduces surprises later.
Talk to a Lawyer Early for the Best Advice
Consulting an experienced lawyer early is one of the smartest moves you can make. They can explain what specific information to gather and how to handle insurers. This helps strengthen your claim and protect you from unfair offers. Many good lawyers offer a free initial consultation to discuss your options.
Never Rush to Settle Your Claim Too Quickly
After an accident, insurers may offer a quick payout, hoping you’ll accept less than you deserve. While quick cash is tempting, early settlements rarely cover long-term costs, especially for permanent impairment or future medical needs. A lawyer knows when it’s wise to accept and when to hold out. Patience often leads to a higher lump sum payout or permanent impairment compensation.
Understand Permanent Impairment and How It’s Assessed
A permanent impairment means you have long-lasting damage that affects your daily life. In WA, this can qualify you for a separate permanent impairment payout on top of your general personal injury compensation. Medical assessments determine your level of person impairment, which influences the final payout. A lawyer ensures your impairment is rated fairly and accurately.
Keep Records of Every Expense and Cost Incurred
Keep receipts for every cost linked to your injury — from doctor visits and therapy to parking and medications. These expenses add up and increase the total compensation you can claim. Proper records also show the insurer you’re organised and serious about your claim. Missing receipts could mean money left on the table.
Watch Out for Time Limits That May Apply
Strict time limits apply in Western Australia for lodging an accident or workers compensation claim. Generally, you have up to three years, but sometimes sooner deadlines apply. If you miss these deadlines, you may lose your right to a payout altogether. A lawyer makes sure all paperwork is filed on time.
Claim for Every Type of Loss and Future Costs
A complete personal injury claim should cover immediate medical bills, pain and suffering, and future loss of earnings or care costs. It may also include general damages for emotional impact and reduced quality of life. Calculating this properly takes legal expertise. Your lawyer will fight to include every possible item to get you the maximum amount.
Be Ready for Court Proceedings if Necessary
While many claims settle out of court, some require court proceedings to secure fair compensation. A strong case with solid evidence often convinces insurers to pay more before a trial starts. However, your lawyer will prepare you in case a hearing is the best path forward. Being prepared can lead to a better settlement or court award.
