Types of Compensation Claims

Car Accident Claims

You can claim for personal injury compensation if you were a motorist or a passenger in a car and you have been injured in a road accident due to somebody else’s carelessness.

If you have made a claim for a personal injury caused by someone else’s negligence, it is important to seek the advice of an experienced injury lawyer.

Kakulas Legal undertake all personal injury claims regardless of it severity from whiplash to broken bones to fatal accidents. We have extensive experience with severe injuries including spinal, quadriplegic, paraplegic and brain injuries. We are experts in injury compensation law and can provide you with a free initial no obligation claim assessment.

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Pedestrian Accident Claims

When pedestrians are injured or killed due to the negligence of the driver of a motor vehicle, they are entitled to make a claim against the Insurance Commission of Western Australia.

Pedestrians can suffer serious and sometimes catastrophic injuries when a driver has done the wrong thing. Kakulas Legal has prepared a case for many pedestrians who have made a claim against the party responsible for their injuries to ensure that they receive the compensation they deserve.

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Motorbike Accident Claims

Motorcycle/ motorbike riders are amongst the most at risk on our roads. Motorcycle/ motorbike riders can be very seriously injured due to the limited protection in comparison to the drivers of cars and other vehicles. The consequences of even a small accident can be devastating with significant injuries.

For many people riding a motorcycle/ motorbike is more than just a mode of transport – it is a passion, a hobby and something they do every day. Unfortunately motorcycle / motorbike riders are some of the most vulnerable riders on our roads.

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Bicycle Accident Claims

If a cyclist has been injured or killed in an accident with a negligent motor vehicle, they have the same rights to make a claim against the Insurance Commission as an injured driver would. For many people cycling is more than transport – it’s a passion. Unfortunately however, cyclists can be very seriously injured due to their limited protection in comparison to the driver of a car. In 1991, Australia was the first country to legislate compulsory helmet wearing. This has helped reduce head injuries but cyclists are still vulnerable.

We understand that although cyclists do the right thing by wearing a helmet and observing road rules, they are often not seen. If you have been injured riding a bike and have decided to make a claim, it is important to seek the advice of expert injury lawyers.

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Catastrophic Injury Claims

Catastrophic injuries are the most serious types of injuries a person can receive. They include (but are not limited to) injuries such as severe brain injuries, injuries resulting in paraplegia and quadriplegia, and injuries resulting in amputation or loss of sight or hearing.

A catastrophic injury claim is very complicated because catastrophic injuries have a permanent impact on a person’s life and wellbeing. Expenses claimed must be sufficient to cover the injured person for the rest of their lives.

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Fatal Accident Claims

When a loved one dies due to an accident caused by another person’s negligence, those who were dependant on the deceased can make a fatal accident claim.

We have worked on a great number of fatal accident claims in the past and know how difficult a time it is for all those involved. For this reason, we recommend you seek legal advice as soon as possible if you have made a fatal accident claim. We pride ourselves on our empathy and work hard so that families can take their mind off of the difficulties in making a dependency claim.

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Income Protection & Total Permanent Disability Claims

Income protection and TPD (total permanent disability) claims arise due to a loss of income that may arise due to unforseen circumstances.

Many superannuation funds, life insurance policies, income protection insurance policies or other personal insurance policies provide insurance for cases of death and disability. These can include (but are not limited to):

If a person with this insurance is suffering total permanent disability (which may be from injury or chronic illness), they can make a claim to a benefit.

An inability to work because of total permanent disability is very difficult, and can cause severe financial and emotional strain on the incapacitated person and their family. It is important to be aware of your rights and ensure that your claim is prepared by specialised personal injury lawyers to achieve the highest possible lump sum payment.

Workers Compensation Claims

Workers’ compensation claims can be made if an injury is suffered at work or if you are injured during the course of work. Unlike many other compensation claims, workers’ compensation law is based on a ‘no fault’ principle, and therefore claims do not require that any other person be negligent.

People who make a workers’ compensation claim are generally entitled to weekly payments to cover loss of earnings along with ongoing medical, rehabilitation and pharmaceutical expenses.

The WorkCover claims process can be complex and subject to many strict time limitations. We therefore highly recommend seeking legal advice for a workers’ compensation claim.

Experienced personal injury lawyers will also be able to advise whether it is worth pursuing a common law claim against your employer. These can be made in addition to a workers’ compensation claim in cases where an employer has been at fault. This process is also subject to a strict time limit.

Public Liability Claims

Public liability claims can be made when a person suffers injury in a public area or on private property due to the negligence of another person. Claims are made against the public liability insurer.

Common examples of public liability claims include:

However, claims are not restricted to these two categories.

If you think you might have a public liability claim due to an injury sustained at the fault of another person, we recommend you seek legal advice.

Medical Negligence Claims

A medical negligence claim can be made against a doctor, hospital or other healthcare provider. A healthcare professional may be found negligent if they have:

Just like employers and drivers, doctors will have an insurer through which patients can make medical negligence claims.

If you think you may have grounds to make a medical negligence claim, it is important to contact experienced personal injury lawyers to ensure that your claim is thoroughly investigated and your case is properly prepared.

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