Perth Car Accident Solicitors - Personal Injury Compensation Claim Lawyers

Compensation

CTP Claims

All personal injury and fatal accident claims resulting from road accidents that involve a Western Australian registered vehicle are managed by the Insurance Commission of Western Australia. The Insurance Commission is the authority responsible for administering the Compulsory Third party Insurance Scheme in Western Australia.

Under the CTP insurance scheme, compensation is available to:

1. Persons injured in a motor vehicle accident.
2. Persons who lost a close relative in a motor vehicle accident, provided the person was financially dependant on the deceased.

The CTP Scheme is a fault-based scheme. This means that in order to make a claim, you must prove that the other driver was at fault, whether completely or in part. If you were partly at fault for the accident, or you were partly responsible for your injuries (e.g. you weren't wearing a seatbelt, or you were intoxicated, or you were speeding) you may still be able to make a claim. However, the amount of compensation you receive may be reduced.

Financial Award

The CTP scheme allows an injured person to claim:

• Reasonable and necessary medical, hospital and treatment expenses. What is reasonable and necessary in your case will largely depend on the recommendations of your treatment provider/s and the opinions of any independent medical examiners who review your case.

• Compensation for lost earning capacity. This is assessed subject to the medical reports supporting your unfitness to work and documentation from your employer supporting your lost wages. Currently, the maximum rate that may be awarded for loss of earning capacity is three times the average weekly earnings.

• Compensation for pain and suffering. Compensation for pain and suffering is assessed based on a percentage of the maximum amount that can be awarded under the law ($337,000 as at July 1, 2010). The maximum amount is generally awarded in cases involving catastrophic injuries e.g. quadriplegia.

• Travel expenses associated with medical appointments.

• Compensation for domestic assistance.

With fatal accident claims, compensation is available to those who were financially dependant on the deceased. Reasonable funeral and burial expenses are also covered.

Accident Injuries

Injuries in car accidents can vary from temporary muscle strain type injuries like whiplash and a strained back, to cuts from broken glass, to broken bones, to even brain damage, paralysis and death.

Our solicitors have extensive experience in acting for injured passengers and drivers in compensation claims involving driver error, fatigue, drug and alcohol use. Drugs can affect driving ability including muscle weakness, impaired coordination, impaired reaction time, and poor vision, an inability to judge distance and speed and distortions of time, place and space.

Our Perth car accident solicitors have also dealt with numerous accidents involving cyclists and motorcyclists. Motorbike riders and cyclists are far more likely to be severely injured in a road collision compared to car drivers. Non-helmeted riders are 6 times more likely to suffer severe brain damage compared to helmeted riders.

Pedestrian accidents are less common claim types, however, when a pedestrian is injured, their injuries are often severe and can be fatal. Pedestrian accidents can be caused by inattention, misjudgment of traffic conditions, or even recklessness on the part of road users. Some pedestrians ignore traffic signals whilst crossing roads, or are affected by drugs or alcohol and walk into traffic. Sometimes children are injured when running out onto roads, or when a car reverses out of a driveway and the driver does not see a child standing behind the car.

Car Accident Claim Procedure

If you would like to claim personal injury compensation following a motor vehicle accident, you should seek legal advice straight away. Our Perth car accident solicitors can complete a Notice of Intention to Claim form on your behalf, and lodge same with the Motor Vehicle Personal Injury Division of the Insurance Commission. This form must be completed as soon as possible after your motor accident. You will need to provide the following information to your solicitor- the date, time and location of the accident; the registration numbers of the vehicles involved; the names and addresses of all parties involved, including any witnesses.

Once you have instructed our solicitors to act for you, they will prepare your claim and fully advise you as to the amount of compensation you are entitled to. They will advise you whether to accept an offer of settlement, or to make a counter-offer. Our solicitor can also hold a settlement conference with the Insurance Commission, to discuss settlement of your claim.

Most motor accident compensation claims settle out of court. If however your claim hasn't settled within 3 years of the date you first became aware of your injuries, you must issue Court proceedings to preserve your claim. It is therefore important that you have a strong legal advocate protecting and defending your rights from the very beginning of your case. Our Perth car accident solicitors are experienced and capable litigation lawyers and can also handle an appeal which might result from a court decision.

Negligence

To claim compensation for personal injury in a Perth car accident compensation claim it is necessary to show that physical or emotional damage occurred because of the other driver’s negligence which means that it must be proven that the other person had a duty to act in a responsible manner towards the inured person. Negligence requires that one driver owes another a duty of care which is the case for all road users and that the driver failed to use a reasonable degree of skill and care when compared to other road users in the same or a similar situation. This means that if another driver behaves in an irrational or irresponsible manner, such as being under the influence of alcohol or drugs or just plain bad driving or recklessness as to danger to other road users, then that driver can be accused of negligence and sued in the event of loss or damage being caused to another road user as a direct result of that negligence.

Evidence

Evidence is used as proof of the alleged facts in a Perth car accident compensation claim. Evidence takes many forms and usually influences the outcome of the case. In a motor vehicle accident compensation claim the evidence should verify what happened thereby documenting the behavior of a negligent driver. Our Perth personal injury solicitors recommend obtaining as much evidence as possible in the event of a motor vehicle collision. It is suggested that you immediately document everything you can. Write down what you can remember as soon as possible about how the accident happened, exchange contact information with the other driver and all potential witnesses and obtain photographs of the accident scene and the damaged vehicles.

Limitation

There are time limits for personal injury compensation claims in Australia. In general terms if a Perth car accident solicitors compensation claim is not settled or legal proceedings have not been issued in a court of law within three years of the accident or within three years of a hidden injury being diagnosed then the opportunity to claim compensation may have been lost forever. Limitation is a complex legal issue and advice on exceptions to the general rules should be obtained from a qualified solicitor in the relevant jurisdiction. Those exceptions mentioned may include the following :-

• time does not run until the claimants 18th birthday
• time does not run against those with a mental disability until full capacity has returned
• time does not run until an injury becomes obvious
• time does not run if the judge says it doesn’t

Perth Car Accident Solicitors

Obligation-free legal advice from a Perth car accident solicitor is available by calling our helpline or by completing the online contact form. Legal representation is also available on No Win No Fee basis. This means that there are no up front or ongoing costs and if you do not win your case, you do not have to pay your solicitor's legal fees.

Our solicitors will fully explain your rights and obligations under a "No Win, No Fee" agreement, and will take care of your accident claim so that you won't have to worry.