Motor vehicle accident compensation lawyers Perth

When you are involved in an unexpected motor vehicle accident, it can feel like your whole world is falling apart. Not only are motor vehicle accidents downright terrifying, they can leave you physically and emotionally scarred, and then there’s your vehicle which has probably been written off as a result.

It goes without saying that such accidents are up there as the worst to find yourself in. When disaster strikes, it helps to know that you have got the best Perth motor accident lawyers on your side and fighting your corner.

At Tindall Gask Bentley, we work tirelessly to help guide you through the compensation process and protect your rights and entitlements.

Motor accident compensation law differs from state-to-state throughout the country. Because of this, it is important you contact the right Perth motor accident lawyers so you can progress quickly with your case and focus on recovery.

Who can claim for a motor vehicle accident?

Many people believe that only those who suffered direct injury – physical or emotional – as a result of being involved in a road accident which wasn’t their fault can claim. This simply isn’t the case. Whether or not you can bring a claim for personal injury depends entirely on the specifics of your case, and this is something to discuss with our Perth motor accident lawyers.

If you were directly involved in the accident as a motorist, motorcyclist, pedestrian, passenger (either on private or public transport) or were operating a commercial vehicle and you suffered injury as a result, you are likely able to bring make a claim for personal injury. You may also be able to bring a claim if a relative upon whom you were financially dependant died or was injured in the accident.

In addition to this, a claim may also be possible even if you were partly or fully at fault and suffered catastrophic injury.

Your chances of a successful claim depend entirely on the specific facts of your case. There are many variables at play when it comes to motor vehicle accidents and the best way to make progress with your case is to contact our experienced Perth motor accident lawyers.

Making a claim with our Perth motor accident lawyers

When you are involved in a motor vehicle accident, there are many things for which you can make a claim. Pain and suffering, economic loss, medical treatment and vehicle repairs can be compensated for if you can establish the other involved driver was at fault, either partially or completely. Even if the other party absconded (hit and run), you can still make a claim so long as their fault can be proven. These are known as “general damages”.

It is important to note that the other party must be responsible, at least partly, for the incident. The only exception to this is in situations where catastrophic injury has been sustained.

Catastrophic injury cases are highly complex and often involve injuries such as: brain damage, loss of limbs, spinal cord damage, and any other injury which is severely life-altering. As a well-renowned and experienced firm, Tindall Gask Bentley’s Perth motor accident lawyers are equipped to take on motor vehicle accident claims of all severity.

How will my Perth personal injury lawyer handle my case?

From the very beginning, our expert lawyers will take control of your case.

Motor vehicle accident cases require careful negotiations not only with the authorities and insurers but also with the other party’s lawyers, assuming the other party has been identified. In addition to this, the acquisition of your medical records, medical bills and any other relevant financial statements is all handled by our team.

We try to involve you only where necessary and when key information needs to be gathered. It is important to us that you concentrate fully on your recovery; our Perth motor accident lawyers will only involve you when there is no other alternative.

There are a brazen few who attempt to negotiate the legal minefield which is personal injury compensation, however, it is always recommended that you seek professional legal advice when moving forward with a claim. Negotiating with insurance companies is no easy feat, and it always pays in the long-term to have specialist WA motor accident lawyers protecting your interests.

What are general damages?

This is the umbrella term given to all the losses associated with being in a motor vehicle accident. General damages include compensation for your injuries and:

  • Financial loss;
  • Reduction in enjoyment of life;
  • Pain, suffering and disfigurement;
  • Permanent disability;
  • Present and expected future loss of income;
  • Medical expenses (including ambulance costs, hospital treatment and medication) and;
  • Miscellaneous costs (travel, care services, domestic support).

Although the list of general damages is extensive, it is worth noting that the maximum amount of general damages which can be paid out in Perth and the rest of Western Australia is just over $410,000. Our Perth motor accident lawyers will work closely with you to determine what you are eligible to claim for.

Where do general damages come from?

As you are probably aware, there unfortunately isn’t a magic money tree and compensation has to come from somewhere! This is where vehicle insurance comes in.

Western Australia’s Insurance Commission is Perth’s provider of personal injury insurance relating to motor vehicle drivers. It is the Commission which pays out compensation for motor vehicle accidents, with a large portion of compensatory funds coming from the likes of car insurance payments, vehicle registration fees and the Commission’s general revenues from its investment portfolio.

How long will my claim take?

Motor vehicle accidents are very complex – one of the most complex areas of personal injury, in fact – and, as a result, claims can take a while. There are a lot of different variables at play and it generally is not possible to estimate the length of a claim.

A lot of our WA motor accident lawyers’ time will be spent on negotiations to try and come to a settlement.

Successfully negotiating claims involving such a complex area of personal injury can take time, however, this is done to ensure the very best outcome for you. It is always best to avoid litigation as some cases can take months or even years to work their way through the system.

Before you can bring your claim, you must have recovered from your injuries to the full extent you are physically capable of. Although this adds onto the claims timeframe, it enables us to make a claim for your injuries accurately and honestly.

What happens now?

If you have been involved in a motor vehicle accident which wasn’t entirely your fault, it is wise that you seek legal advice as you may have a claim for compensation depending on your circumstances.

All claims must be brought within three years from either the date of the accident or the date liability was admitted by a party by filing a writ of summons in the District Court of Western Australia.

Get in touch with Tindall Gask Bentley for a review of your case by one of our expert Perth motor accident lawyers. Call our team in  West Perth on (08) 9211 5800 for a free, initial interview to assess your claim or register your details here and we’ll be in touch soon.

If you have not made a claim, disregard this publication.

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