Types of Compensation Claims

Pedestrians

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.

For more information, give us a call at (08) 9325 4799 or see Your Claim and Common Questions.

Bicycle Accidents

If a cyclist is 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. Often cyclists can be very seriously injured due to their limited protection in comparison to the driver of a motor vehicle.

If you have been injured riding a bike and have made a claim, it is important to seek the advice of an experienced injury lawyer. Members of our legal team can help to understand the things that you can make a claim for and negotiate with the Insurance Commission on your behalf.

For more information, give us a call at (08) 9325 4799 or see Your Claim and Common Questions.

If a cyclist is injured due to the conditions of a public space such as a cycle path, they may be entitled to make a public liability claim. For more information, see Public Liability Claims.

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.

Loss of dependency can take many forms. We have successfully made claims in the past for:

For more information, see What Is The Process For Fatal Accident Claims?

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.

Specialist lawyers have the expert knowledge to gather sufficient evidence and calculate a claim for past and future expenses such as:

We have extensive experience in various forms of catastrophic accident claims which enables us  to prepare and litigate your claim effectively and with due care.

For more information, see our Severe Injury – Quadriplegia testimonial.

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.

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.

We choose to work with Workers Compensations Claims specialists, Perth City Legal. Get in touch with them online here.

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.

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.