If you are injured in a car accident in Perth and have needed treatment and possibly have lost time from work, one of the pressing questions is how to get compensation for your losses – what are you entitled to, and how can you ensure you get it? At Lian Hall Injury Law we specialize in guiding Perth car accident victims through the complex car accident compensation claim process, ensuring that you understand the process and get expert representation.
Types of Damages: Economic and Non-Economic
Compensation can be broadly categorized into two types: economic and non-economic damages.
- Economic Damages: These are quantifiable costs such as medical bills, rehabilitation costs, lost wages, and any other out-of-pocket expenses directly related to the accident. They are typically calculated by reference to invoices, quotes, receipts, tax returns, treatment recommendations or other documents.
- Non-Economic Damages: These damages cover pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, and loss of amenities. The amount looks to the seriousness of your injuries, how much treatment that you needed, any permanent effects etc. Although challenging to quantify, they must be assessed and claimed so that you get fair compensation. For a detailed understanding of how non-economic damages like pain and suffering are evaluated in compensation claims, explore our comprehensive guide here.
A meticulous evaluation of both economic and non-economic damages is essential to ensure that the compensation reflects the true impact of the accident, both financially and personally.
Determining the Value of Your Claim
Assessing the value of your claim is not a straightforward simple calculation. It involves several components or “heads of damage”, and every case is different. The strength of your claim is to comprehensively and expertly assess the extent of your injuries, the impact on your life, and the financial losses associated with your injuries, and to then put a value on each of the “heads of damage”.
Medical Expenses
A significant part of your claim is the cost of medical treatment, including hospital stays, medications, surgeries, physiotherapy, chiro and ongoing rehabilitation. You also need to consider whether third parties have paid for your treatment and may want to be paid back, for example Medicare, our Private Health fund, or a workers compensation insurer. Future medical expenses must also be considered if your injuries require future treatment or therapy or medications.
Lost Earnings
If your injuries have affected your capacity to do your job, either temporarily or permanently, compensation may include lost wages and future loss of earning capacity. This accounts for not only the income lost but also the potential career progression and opportunities missed. For an in-depth guide on how to navigate through claiming lost earnings following a car accident, please visit our detailed resource here.
Pain and Suffering
This is where the non-economic damages come into play. Pain and suffering compensation is meant to compensate you for your physical pain and emotional distress caused by the accident, as well as for not being able to enjoy the things that you usually enjoyed, such as sport or recreational activities. Even though it can be challenging to put a value on this, it’s crucial in ensuring you receive a fair settlement that a claim is made.
The Role of Insurance in Compensation
In Western Australia, all car accident compensation third-party claims are managed by The Insurance Commission of Western Australia (ICWA). ICWA is established by an Act of Parliament and is effectively a state government insurer responsible for managing motor injury insurance claims. In simple terms, when you register your car or vehicle every year a large amount of that fee goes into a fund that is use to compensate people who are injured in car accidents. That fund is managed by a group of Commissioners, hence the Insurance Commission of WA (ICWA).
Dealing with ICWA
If you are in a car accident in WA then you must complete an Online Crash Report. You must do this by visiting the Crash Report website If you are injured in the car accident then you must take and extra step: you must notify ICWA that you want to make a claim. ICWA will then investigate the accident: they will assess the circumstances surrounding the accident and see whether their driver caused the accident. Once that have found that their driver caused the accident ICWA will assess the extent of your injuries and pay for your treatment. It’s important to remember that while ICWA aims to compensate victims fairly, it also has an obligation to “the tax payer” to make sure that money is paid smartly. That’s where having expert legal representation can make a significant difference ot your compensation payout.
Legal Representation
An experienced personal injury lawyer can argue your claim on your behalf ensuring that you get a fair payout. Your lawyer will get the right medical evidence, expert testimony, and a comprehensive assessment of your losses. Your compensation lawyer can negotiate with ICWA, challenge any under-valuations of your claim, and ensure that the final settlement is fair.
Settlements and Litigation
The system is such that most compensation claims are settled out of court. But if a satisfactory agreement cannot be reached, litigation may be necessary. This step underscores the importance of having seasoned legal professionals who are prepared to fight for your rights, ensuring that you receive the compensation you rightfully deserve.
Final Thoughts
At Lian Hall Injury Law we understand that the journey to securing fair compensation is not just about the financial settlement – it’s about facilitating your recovery and ensuring you can move forward with your life. We also understand that each case is different and you need somebody to put your case forward. Our team of dedicated legal professionals is committed to providing compassionate, personalized, and effective representation to every client.
If you or a loved one has been involved in a car accident in Perth, we encourage you to reach out to us. Together, we can navigate the complexities of car accident compensation, ensuring that your rights are protected and your future is secure.
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