Compensation for Car Accident & Public Liability Claims
When it comes to receiving compensation after injuries sustained in a road accident or public place (slip and Fall), the timeframe can vary significantly depending on factors like the severity of injuries sustained, the complexity of the case, negotiation with the insurance company/liable party, and negotiation with them over settlement terms.
Car Accident Injury Claims
Car accident injury claims in WA are typically handled by either the Insurance Commission of Western Australia (ICWA) or private insurers, with compensation levels dependent on factors like severity of injuries sustained, impact on employment ability and ongoing medical costs.
Steps taken during the claims process typically include:
- Notify Authorities of an Accident: As soon as an accident has taken place, both police and insurers should be informed.
- Seek medical assistance: As soon as an accident has taken place, it’s crucial that you seek medical treatment immediately in order to document injuries sustained and receive necessary treatment.
- Create a Claim: File a claim with either your insurer or the ICWA.
- Assessment of Your Claim: Once submitted, either your insurer or the ICWA will evaluate it by gathering medical reports and other pertinent information.
- Negotiation: Once your claim is accepted, both you and the insurer or ICWA will negotiate on an amount of compensation you will be receiving.
- Settlement: Once an agreement has been reached, compensation will be distributed.
The timeframe of receiving compensation will depend on the complexity and acceptance by the insurer or ICWA of liability in your claim. Some cases can be settled quickly within months, while more complicated claims may take longer to settle.
Importantly, it should be remembered that if negotiations fail to resolve your claim, court action may become necessary and can delay receiving compensation.
For this reason, it is vitally important that you consult with one of the Perth Car accident lawyers teams at Gajic Lawyers to ensure your claim has the best chances of success.
Public Liability Claims in WA
Public liability cases in WA arise when someone is injured on someone else’s property or due to the negligence of a business or government entity. Examples of public liability claims in WA include slip and fall accidents, injuries sustained while visiting public spaces like parks or shopping centres, as well as accidents on public transport services.
Steps involved in filing a public liability claim usually consist of:
- Get medical help: It is crucial to seek medical attention immediately following an accident in order to document injuries and receive proper care and treatment.
- Report Your Accident: Immediately following an accident, notify both the property owner/occupier as well as your insurer (if applicable).
- File a Claim: In order to submit a claim against the owner or occupier of the property or their insurer, you will need to lodge it as soon as possible.
- Evaluation of Your Claim: Once filed, an insurer or owner/occupier of the property will assess it, possibly collecting medical reports and gathering other relevant data in order to provide a proper response.
- Negotiation: Should liability be accepted, both you and the insurer or owner/occupier will need to come together and decide how much compensation you should receive for your injuries.
- Settlement: Should an agreement be reached, your compensation will be distributed accordingly.
Timelines for receiving compensation in public liability cases vary, depending on their complexity and whether or not liability has been accepted by insurers or owners/occupiers of properties. Some claims can be settled quickly while more complicated matters could take several years for resolution.
Note that, should liability not be accepted, taking your case to court may be necessary, for achieving compensation. At this point, you will require the help of an experienced compensation law firm, like Gajic Lawyers. In our experience over many years, insurance companies typically deny claims or if accepted, offer very little in the way of compensation. This is why if you have suffered an injury in a public place, you consult with our Perth public liability Lawyers immediately.
In summary, timeframes for receiving compensation following car accident injury claims or public liability claims in Western Australia vary based on several factors including the severity of injuries sustained, complexity of the case and negotiation with the insurance company/liable party. It’s vitally important that legal advice be sought immediately following an accident to understand your rights and potential timeline for receiving payment.
Consideration must also be given to the fact that legal processes can be lengthy and intricate, particularly if liability is in dispute or litigation proceeds to court. Therefore, setting realistic expectations about timeframe for receiving compensation as well as working with an experienced lawyer from Gajic Lawyers to assist is vitally important.
Factors That Affect Timeframe of Receiving Compensation
Severity of Injuries: The severity of injuries sustained in a car accident or on someone else’s property can have an enormous effect on how quickly compensation will be awarded. If they’re minor and don’t require ongoing medical treatment or rehabilitation, claims could potentially settle quicker than they otherwise would.
Complexity of Case: The complexity of a case can also have an effect on how quickly one receives compensation. If liability is in dispute or multiple parties are involved, resolution could take longer compared to when there are no disputes about liability and no multiple parties involved in litigation.
Negotiation Process With Insurer: Negotiations between you and the insurer can have an enormous impact on how quickly compensation will arrive. If they cooperate and your claim is straightforward, your case could be settled more quickly than if there are disagreements over its amount.
Court Proceedings: If the claim proceeds into court proceedings, receiving compensation could take much longer. Court proceedings often include multiple hearings and appeals which further prolong settlement of the claim.
Different Types of Compensation Available
General Damages: General damages are intended to compensate you for the pain and suffering you’ve endured as the result of your injuries. How much general damages you could receive depends on factors like severity of injuries sustained, length of recovery time and whether or not they impact on your ability to work and enjoy life.
Special Damages: Special damages are intended to compensate you for any financial losses you incurred as the result of the accident, such as medical expenses and lost wages, plus other related costs related to healing.
Future Losses: In some instances, you may be entitled to compensation for future losses such as ongoing medical treatments or reduced earning capacity in the form of future earnings capacity loss.
Your right to compensation will depend on the individual circumstances surrounding your case, so it’s wise to consult with a lawyer who can explain your rights and possible compensation available to you.
Statute of Limitations
It is essential to keep in mind that there is a time limit on bringing claims in WA. A car accident injury claim must be submitted within three years from the date of the accident; for public liability claims, within three years from when the incident occurred.
Should you fail to file your claim within the time limit, your right to pursue compensation may be waived. Therefore, it is crucial that legal advice is sought immediately following an accident to ensure you meet the timeframe for making a claim.
Conclusion
Overall, the timelines for receiving compensation in WA following a car accident injury claims or public liability cases vary based on several factors including the severity of injuries sustained, the complexity of the case, and negotiation with the insurer or liable party. While legal processes are complex and time-consuming, seeking legal advice or working with a lawyer will help increase the chances of a positive outcome and timely resolution.
If you have been injured in a road accident or on someone else’s property, seeking legal advice as soon as possible to understand your rights and options for seeking compensation should be your most important consideration, following treatment for injuries sustained. At Gajic Lawyers, our Perth personal injury lawyers offer a free, no-obligation consultation and No Win-No Fee for all approved cases.
