If you have been involved in a motor vehicle accident in Western Australia (WA), it is very easy to feel overwhelmed by the injury insurance claims process and lose focus on what’s most important—recovery.
If this sounds like you, you will benefit from being represented by one of our dedicated Perth motor vehicle accident lawyers who will handle your case with care, courtesy, and compassion.
Determining Potential Motor Vehicle Accident Compensation in WA
Generally speaking, however, your injuries must have resulted from the negligent driving of a motor vehicle by another person and this negligent driving must have caused the collision; even in a ‘hit and run’ situation. If you are unable to establish fault of another driver and you have suffered catastrophic injuries you may be able to claim Catastrophic Injuries Support.
Key Factors Influencing Motor Vehicle Accident Compensation in Perth, WA
A number of key factors should be considered when determining the amount of damages that you may be entitled to claim under an injury insurance claim (other than Catastrophic Injuries Support) —
1. General Damages
General damages are compensation for pain and suffering and other non-economic losses that arise from both physical and mental injuries sustained as a consequence of your motor vehicle accident. Any claim for general damages has to exceed a minimum threshold and which is used to assess the amount payable.
Simply put, the more severe your injuries and the impact on you in the long-term, the more likely that your claim for general damages will exceed the minimum threshold. Even if you think that your injuries are modest, it may be worth speaking to one of our experienced Perth motor vehicle accident lawyers to obtain legal advice.
2. Past and future loss of earnings
You may claim compensation for your inability to work following your motor vehicle accident to the date of settlement of your claim. The amount of compensation to which you are entitled corresponds with the period of time you have been unable, or partly unable, to work.
You may also claim compensation for future economic loss, which is determined by considering the severity of your injuries and the impact on your earning capacity from settlement of your claim for the remainder of your working life. For example, a 30 year old construction worker who is permanently wheelchair-bound as a result of a motor vehicle accident cannot continue in his chosen career as a construction worker and would be entitled to claim compensation for his future inability to work.
Documentation is required to support a claim for loss of earnings. These supportive documents include income tax returns, letters from your employer, medical evidence, and anything else that shows that you were unable to work from the moment that you were injured.
4. Past and future loss of superannuation
You may also be able to claim lost superannuation contributions and similar evidence is required to make a claim for lost superannuation contributions. Your claim for superannuation contributions will correlate with any loss of earnings you have suffered.
5. Future Medical Treatment
Your Perth motor vehicle accident lawyer can also provide advice on calculating and claiming for future medical treatment.
Future medical treatment incudes any treatment you may need because of your motor vehicle accident in WA and includes specialist equipment, routine prescriptions and consultations and surgery.
6. Household Support Services
It may be that you require temporary or permanent help with household support.
Services can include domestic tasks you are no longer able to manage do due to your injuries for example cleaning the house, shopping for groceries, gardening are all part of a claim for household support services that you can claim for if you are not able to do these tasks yourself.
Evidence from your family members and medical evidence are generally required to support a claim for household support services and has to exceed a minimum threshold before any payments can be made.
How Does All This Translate into Dollars?
There are many elements to consider when calculating you potential claim for damages. Our specialist personal injury lawyers in Perth will work closely with you to source as much information and evidence as required to ensure that you claim the damages that you are entitled to in your injury insurance claim.
The final amount that you receive in compensation is not arbitrary, but carefully calculated based on the available evidence.
Motor vehicle accident claims can be complex but this doesn’t mean you should be put off from making a claim. It is recommended you seek advice from a lawyer who is experienced with handling motor vehicle accident claims.
With TGB in Perth, you get a lawyer who will handle your case from start-to-finish, leaving you to focus on what matters—recovery.
The information here is merely a summary of some of the factors that you may be entitled to claim for. When making a claim for compensation, it is important that all these factors are considered even if you don’t think that they apply to you.
What to Do Next?
Give us a call today on (08) 9211 5800 and book your free, no-obligation claim assessment, or fill in your details here and we’ll quickly be in touch.