What is personal injury and motor vehicle accident law?
If you’ve been injured and made a claim, you’ve got other things to worry about than deciphering legal-speak and figuring out what your rights are. Claims for personal injuries and motor vehicle accidents can be complex – which is why we are here. If you have received an offer but you’re not sure if it is fair compensation for your injury, we’ll help you figure out your options.
Ilberys focuses on assisting our clients to get the best results for their situation. Personal injury and motor vehicle accident compensation laws are in place to provide assistance, compensation and guidance in your rights within complex insurance systems. We will navigate the legal world with your best interests at heart, so you can focus on your rehabilitation.
What sorts of injuries are there?
Injury is any ‘hurt’ caused to the body, mind or emotions – whether caused by a motor vehicle accident, a chronic issue resulting from an old workplace accident or a public liability issue.
What can Ilberys do for me?
When you have made a claim, we want to help you proceed with the understanding to get the right results for you. We work collaboratively with our clients to achieve the compensation you are entitled to. As your no shortcut lawyer, we think critically and develop clear strategies, working collaboratively to achieve the compensation you are entitled to.
We’ve been a preferred law firm in WA for over 60 years – reach out for a free initial consultation here!
Frequently Asked Questions
The law of negligence requires people to, when going about their lives, take reasonable care for the safety of others. This means that a person has rights under the law of negligence if they have been injured or hurt because someone else has not taken reasonable care.
Typically, a person loses their rights under the law of negligence three years after they were hurt or injured in breach of that law. However, this differs depending on the circumstances and in some cases the limit can be extended or shortened.
If you can establish that:
(a) a person owed you a duty of care;
(b) that person breached that duty; and
(c) as a result, you suffered an injury or harm;
then under the law of negligence, you are usually entitled to compensation for that injury or harm. Injury or harm can include a pre-existing condition that has been made worse.
Duties of care are imposed in a variety of situations. For example, drivers of motor vehicles generally owe duties of car to other road users, including cyclists, pedestrians and other drivers.
The requirements of the duty of care and whether or not a person has taken reasonable care will depend on the circumstances.
This all depends upon the circumstances of your claim, including how complex the incident was, how bad the injuries were and how much treatment is required for the injury. While a claim can often be resolved within 18 months of when it was commenced, more serious cases may take longer.
If you have made a claim for workers compensation, your claim will be subject to special legislation which modifies the law of negligence, so different rights and entitlements apply. Your rights and entitlements will differ depending on the scheme that applies to the claim you have made.
Examples of workers compensation schemes include the following:
(a) the Western Australia Workers Compensation scheme, governed by WorkCover and the Workers Compensation And Injury Management Act 1981;
(b) the Commonwealth Workers Compensation scheme, governed by Comcare and the Safety, Rehabilitation and Compensation Act 1988; and
(c) the Seafarer’s Workers Compensation scheme, governed by Seacare and the Seafarers Rehabilitation and Compensation Act 1992.
Each scheme is different, but most usually provide for “no-fault” claims, meaning that to succeed in the claim that you have made, you do not need to demonstrate that your employer failed to take reasonable care or otherwise breached a duty of care owed to you.
It is stressful enough sustaining an injury without having to think about all that is involved when managing your claim. Our experienced work injury lawyers can guide you through the rest of the claims process step-by-step, to ensure the process runs smoothly and efficiently.