Victims of Motor Vehicle Accidents in Western Australia (WA)

Western Australia has a common law style ‘fault’ based scheme in place for personal injury suffered in a motor vehicle accident.

If you are injured in a motor vehicle accident in Western Australia you are only able to make a claim if you are able to prove the other party was negligent. In some cases, compensation may not be available as there may not be a negligent party against whom to make a claim.

If you are involved in a motor vehicle accident and you are injured, by law you must report the accident to the Police. Failure to do this could seriously damage your right to make a claim for compensation in the future.

Due to legislative changes, your entitlements may differ depending when the motor vehicle accident occurred.

Motor vehicle accidents include:

A claim against the driver of a motor vehicle at fault for an accident
A pedestrian claiming against the driver of a motor vehicle
A passenger claiming against the driver of the vehicle they were in if the driver is at fault for the accident
A cyclist claiming against the driver of a motor vehicle

If the accident occurred whilst you were working there could be coverage under your employer’s Workers Compensation insurance.

Compensation Entitlements

Entitlements may include:

Payment past and future medical expenses
Past and future loss of earnings - this may be limited
Rehabilitation
Long term care, past and future services e.g. carer, housekeeper, etc
Reasonable funeral expenses in the event of a fatal injury
Lump sum compensation for ‘pain & suffering’ which could include loss of enjoyment, loss of amenities, shock, inconvenience, etc

The amount of compensation for ‘pain & suffering’ could be affected by the following:

How severe your injury and what permanent impairment you sustain
Your age
How the injury affects your ‘day to day’ life
Your pre-accident condition and health

Time Limits

You have up to three years to commence legal proceedings, however if you have sustained an injury - why wait?

You may be entitled to compensation for the injuries sustained - contact Legal Injury today for further information.

FREE CASE REVIEW

Please supply details of when, where (including State or Territory) and how the accident occurred, including the extent of the injury sustained.

Note full privacy is assured.