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You are entitled to claim compensation for your injuries if you were not at fault for the accident.

Examples include:

  • Pain and suffering for most types of injuries including soft tissue injuries
  • Past and future loss of earnings/loss of sick leave
  • Past and future medical expenses
  • Travel and out of pocket expenses
  • Care and Assistance

You will not pay any upfront costs. We only receive payment at the end of your case, when your compensation is paid. It is then that we prepare your final account, setting out our professional legal costs and the outlays incurred in your claim.

We work on a no-win no fee basis, which means that you don’t pay us anything unless we win your case for you.

We only take payment for our legal fees at the end of your case when your compensation is paid. It is then that we prepare your final account, setting out our professional legal costs and any medical outlays incurred in your claim.

Once our legal fees are deducted, the remaining funds are transferred to your nominated bank account which usually clear within 24 to 48 hours.

We will arrange for you to see an independent specialist doctor.

Our role is to negotiate a settlement with the insurer. Some claims can take longer than others, however we aim to ensure you receive your compensation as quickly as possible.

It is important that your first step is to seek medical advice as soon as possible.

When you are involved in an accident some injuries can take a few days to surface as your body has dealt with a shocking situation.

TPD claims can be complex and become overwhelming when trying to navigate through this process yourself. Seeking legal advice will remove the level of stress when dealing with the superfund or insurer.

With TPD, there can be a lot of grey areas and by having a lawyer to support you with the claim, we can prepare all the evidence required to move the claim along as quickly and smoothly as possible.

If you are feeling uncertain on what your rights are when looking to claim on TPD please contact our team at Accident Claims Lawyers. Our dedicated team will be more than happy to help you.

Some symptoms of a fracture are:

  • Difficulty supporting weight with the injured area.
  • A snap or grinding sound when the injury occurred.
  • Visible deformity in the injured area.
  • Swelling, redness, and bruising in the injured area.
  • Immobilisation of a specific area of the body.

There are three types of bone fracture:

  • Closed fracture: This happens when the bone breaks but does not pierce through the skin. It is harder to diagnose this kind of broken bone. You will need an x-ray to confirm.
  • Open fracture (or compound fracture): This occurs when the broken bone pierces through the skin. As the skin has been punctured, there is more risk of infection.
  • Displaced fracture: This occurs when the bone moves out of alignment.

An initial loss of consciousness is usual in a concussion. Less severe symptoms can include headaches, confusion, problems with memory, balance, speech and dizziness.

A concussion occurs as a result of a heavy impact on the head. It is one of the most common brain injuries to result from motor vehicle accidents.

Whilst some cases of whiplash can resolve with some simple exercises, rest and pain medication, for some, there can be lasting effects which require a treatment plan including rehabilitation, conditioning and prescribed medication or injections.

The symptoms of whiplash are most commonly neck pain, ranging from mild neck stiffness or a reduced range of movement. There can be some instability in the neck, headaches or shoulder/upper back pain. In some cases, there can be weakness, some radiating pain or paraesthesia (pins and needles) into the shoulder or arms.

Whiplash is also known as cervical acceleration-deceleration (CAD) syndrome. It occurs when the neck and head are suddenly forced backwards and forwards, which puts the cervical spine through quick, extreme emotion and stress. Motor vehicle accidents cause most cases of whiplash.

A serious head injury is defined by its effect on the victim’s day-to-day life. A significant impact on the head can hinder normal brain functioning. A person may not be able to work again, look after themselves or connect with others like they did before.

If you or a loved one has experienced a severe head injury, do not suffer alone. We can help you get the compensation and care you deserve, so you can start to rebuild your life.

The most common symptoms of a severe head injury are:

  • A loss of consciousness
  • Amnesia
  • Seizures
  • Nausea and vomiting
  • Trouble focusing the eyes
  • Ongoing disorientation

Please note that many of these symptoms don’t appear immediately after an accident, so you should monitor your loved one closely in the days following.

There are four specific types of paralysis:

  • Monoplegia affects one arm or one leg
  • Hemiplegia affects one arm and one leg on the same side of the body
  • Paraplegia affects both of the legs
  • Quadriplegia, or Tetraplegia, affects both the arms and the legs.

There’s no one cause of paralysis. It can occur naturally due to health conditions like strokes. However, it can also occur after an accident where the victim suffers trauma to the head or spine, such as:

Spinal cord injuries typically present with a few key symptoms, including:

  • Changes in strength.
  • Exaggerated reflex activities.
  • Pain caused by damage to the nerve fibres in the spinal cord.
  • Changes in sexual function and fertility.
  • Loss of bowel or bladder control.
  • Altered or complete loss of sensation, including the inability to differentiate between hot/cold.
  • Numbness or extreme tingling/loss of sensation in feet, toes, hands and fingers.
  • Difficulty breathing, coughing or ability to clear own secretions from lungs.

If the insurer accepts liability for your claim, then you will receive benefits under the Workers Compensation Act.

The major benefits may include:

  • Payment of weekly compensation
  • Payment of lump sum compensation for permanent impairment
  • Medical and Hospital expenses

Other benefits payable may include:

  • Rehabilitation expenses
  • Death benefits and funeral expenses
  • Compensation for damage to property (e.g. clothing)

We are a respected no win no fee injury compensation law firm, which means that you do not pay us anything until the successful case outcome.

If your case is successful, we will receive your compensation payment at which point we prepare your final account. It is important to note that it is at this ‘win’ point, our professional legal costs will be deducted as agreed at the beginning of the case. These will be clearly laid out in your statement.

Once the legal fees are deducted from the compensation, the remaining funds are transferred to your nominated bank account within 24 to 48 hours.

Many of our clients are concerned about future employment and how making a claim will affect them in their current role. All employers have a responsibility for the health and safety of their employees. Workers compensation insurance protects you and their business. By law you are not required to disclose you have claimed via workers compensation.

All claims are dealt with Workcover WA and not direct with the employer.

Getting your lawyer on board quickly will provide you with the reassurance you need. Our lawyers will ensure you will receive expert advice.

The first thing we will do is find out why your employer is refusing to approve your claim. For example, what is your employee status? Are you an independent contractor and not an employee? Or is the employer claiming that the injury is not work-related or that you were intoxicated when the incident occurred? We will work with your employer and the Insurer to explore their rejection.

If you are injured at work, and the incident was not your fault, you should contact us as soon as possible.

If you do have a claim that we can progress with, we will act on your behalf with the Insurer who are responsible for paying out the compensation.

As your lawyer, we will work on your recovery options with your rehabilitation team and will arrange for your injuries to be assessed by an independent medical expert whose report will be used to support your claim.

We use the medical expert’s report to advise you on the value of your claim. When you approve the claim value, we will proceed to settle your claim with the Insurer.

In our experience, the majority of cases settle at negotiation stage at which point you would receive your compensation.

Accidents at work can result in lifelong injuries or unpaid leave. It is important you seek legal advice as soon as possible so that you are prepared to cover any unknown medical costs, rehabilitation or even major operations.

In the initial stages, your employer does not need to be aware of your claim and the advice on whether you have a claim to make is free!

Workers’ compensation insurance helps to protect businesses and their employees from financial loss when an employee is hurt on the job or gets sick from a work-related cause.

Also known as workman’s comp, workman’s compensation, and workers’ comp, the aim is to help protect workers from potentially devastating costs of work-related injuries.

Workers’ compensation also helps to guard employers from potential damages that could affect the financial and corporate responsibility status of their business should they not have protection.

Personal Injury claims can be complex and become overwhelming when trying to navigate this yourself. Seeking legal advice will remove the level of stress one can experience when dealing with the Insurer. Your focus should be on your recovery and by having a lawyer support you with the claim we can prepare all the evidence required to move the claim along as quickly and smoothly as possible.

If you are feeling uncertain on what your rights are when looking to claim for a personal Injury, please contact us at Accident Claims Lawyers. Our dedicated team will be more than happy to help you.

Every vehicle in Western Australian (WA) has compulsory third party (or CTP) insurance as part of the Rego you pay. This covers the driver for injuries they may cause to other road users in Australia. The Insurance Commission of Western Australia (ICWA) manages the scheme and claims compensation for people who have been injured as a result of an accident that was not their fault.

You are entitled to claim compensation for your injuries if you were not at fault for the accident.

Examples include:

  • Pain and suffering for most types of injuries including soft tissue injuries
  • Past and future loss of earnings/loss of sick leave
  • Past and future medical expenses
  • Travel and out of pocket expenses
  • Care and Assistance

You will not pay any upfront costs. We only receive payment at the end of your case, when your compensation is paid. It is then that we prepare your final and only account, setting out our professional legal costs and the outlays incurred in your claim.

We work on a no win no fee basis, which means that you don’t pay us anything unless we win your case for you. On a case win you receive compensation or damages for your accident injuries.

We only take payment for our legal fees at the end of your case when your compensation is paid. It is then that we prepare your final and only account, setting out our professional legal costs and any medical outlays incurred in your claim.

Once our legal fees are deducted, the remaining funds are transferred to your nominated bank account which usually clear within 24 to 48 hours.

As soon as you make your claim, we will arrange for you to see an independent specialist doctor.

Our role is to negotiate a settlement with the insurer. Some claims can take longer than others, however we aim to ensure you receive your compensation as quickly as possible.

It is important that your first step is to seek medical advice as soon as possible.

When you are involved in an MVA some injuries can take a few days to surface as your body has dealt with a shocking situation.

If you are seriously injured at the accident site and are taken to hospital, you should ….

Make sure you complete an Online Crash Report or report to the police to ensure the accident has been documented.

Gather any evidence that may help with a claim, for example dash cam footage, photographs.

If your claim is declined, you have the right to dispute this with the insurer or you can reach out to the superannuation complaints tribunal or the financial service ombudsman. It is best to seek legal advice as soon as possible.

TPD payment made through the superannuation will incur tax payments This may also affect any Centrelink payments you may be eligible for. It may be in your best interest to seek financial advice when receiving a lump sum payment to help mitigate the tax and any Centrelink benefits.

We can also assist you with experts within this area that will help review the tax liability and look at ways to assist in reducing the tax you pay.

This will depend on the arrangement made with the insurer at application time. You may also hold more than one policy as you may have different superfunds. Some clients hold more than one superfund. You can check this with the ATO.

It is in your best interest to disclose all illness as the insurer may request all medical records. By providing all the medical evidence this will help us to assess the claim. Please note some policies may have an exclusion for pre-existing conditions. Wording around pre-existing exclusions may be included in the policy document / Product disclosure document.

To lodge a TPD claim, you will need to contact your insurer or superfund and request the appropriate claims documents. The insurer may also ask for medical evidence relating to your injury/illness.

Most insurers will require two medical professionals to sign off that you are unable to work in any occupation (this will be in the policy wording). For some conditions you may need to meet the required waiting period.

Claiming on a TPD benefit means you are not working for at least 3 months. What this means is you must meet a minimum of 3 month waiting period before lodging your claim with the insurer. Please note that some policies may also have a 6 month waiting period.

Many will be unaware that they may already have TPD cover as a result of automatic cover held within your superannuation and / or other insurances that they hold.

An example of this is when you commence work with a new employer and join the employers default superannuation fund where an automatic Insurance cover can be applied.

You should check your superannuation statement to check what cover you may have.

Total Permanent Disability (TPD) is a type of Insurance cover, in which an individual is no longer able to work due to injuries. Total permanent disability, also called permanent total disability, applies to cases in which the individual may be unable to work again due to severe injuries.

However, each insurer has a different definition of what it means to be totally and permanently disabled and this is why it is important to understand the policy wording.

 

Case study: Mrs T was a passenger in a motor vehicle that was involved in a head-on collision. Amongst other injuries, she sustained a burst fracture of her spine resulting in paraplegia. Consequently, Mrs T was unable to continue to work as she now was reliant on care and assistance due to her limited mobility.

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