Motor Vehicle Accident Claims
In Western Australia the Motor Vehicle (Third Party Insurance) Act 1943 requires owners of Western Australian registered vehicles to insure against liability arising from personal injury.
Determining your eligibility for a claim for damages to your person including any interference to your overall earning capacity, future medical treatments and pan and suffering requires a careful consideration of the injuries you have suffered, and the circumstances of your accident.
Ian Watson has been practicing in this area of law, for more than 30 years, and can provide to you with expert advice when it comes to investigating and pursuing a loss caused by Motor Vehicle Accidents.
Frequently asked questions about making a claim for damages for personal injuries
Whether you prove the driver of the vehicle which injured you is fully at fault (or fully negligent) is a very important consideration in determining the value of your claim. any contributory negligence on your behalf (or the failure to take reasonable care for your own safety). For example, failing to wear a seatbelt may result in a deduction from your damages entitlement, if your injuries could have been prevented or minimised by wearing the seatbelt.
In Western Australia as a general rule a claim must be made within three years from the date of the accident , but can vary according individual circumstances.
A frequently asked question is “how much is my claim worth”?
This is a difficult question to answer, as every case is different. Damages – subject to thresholds depending on the severity of your injuries are awarded according to the “damage” or harm and loss suffered. In order for Ian to determine the extent of your claim he will need to quantify your claim on the basis of what losses you have suffered, and what needs have been created as a result of the negligent act. Factors that may be considered include the following:
- Past medical treatment expenses
- Future medical expenses
- Past and future loss of earnings (inclusive of loss of Superannuation entitlements)
- General damages for pain, suffering, emotional distress and loss of enjoyment of life (subject to threshold deduction depending on the severity of your injuries)
- Home Help/Assistance (subject to threshold restriction)
08 9721 8377
Consultations are by appointment
and you can contact Ian directly for an initial cost free telephone enquiry.
Liability limited by a scheme approved under Professional Standards Legislation