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In Perth, Australia, accidents and injuries law is governed by both common law (case law) and statutes. It primarily deals with cases where individuals are injured due to the negligence of others, such as car accidents, work-related accidents, public place accidents, and medical negligence. Depending on the circumstances, the victim may be entitled to compensation for medical expenses, loss of income, and pain and suffering.
If you've been injured and believe that the negligence of others is the cause, then a lawyer can be of great help. This includes car accidents, workplace accidents, slips and falls, dog attacks, product liability claims, and medical negligence. A lawyer can guide you through the complex legal process, build your case, negotiate with insurance companies and if necessary, represent you in court to ensure you get the compensation you deserve.
The central piece of legislation governing this field in Western Australia is the Civil Liability Act 2002. This act details how liability is determined and apportioned, the types of damages that are awardable, and how they are to be calculated. Also, concerning workers' compensation, the Workers’ Compensation and Injury Management Act 1981 is the main governing statute. For motor vehicle accidents, the Motor Vehicle (Third Party Insurance) Act 1943 applies.
Generally, you have three years from the date of the accident to file a claim. However, claim limit times can be impacted based on various situations and hence, legal advice should be sought.
The Civil Liability Act allows for the concept of contributory negligence, meaning you can still claim compensation if you were partly at fault, but your compensation may be reduced proportionately based on your degree of fault.
The amount of compensation varies greatly depending on the severity of the injuries, the circumstances of the accident, the amount of earnings lost and other consequential damages. It's best to consult with a lawyer to get an accurate estimate.
Many personal injury claims are settled out of court. However, if a fair agreement can't be reached, you may need to go to court.
Each case is unique, so the length of the claims process varies. It could take months or even years depending on the complexity of your case.
For additional information and resources, you can consult the Law Society of Western Australia, Legal Aid Western Australia, and SafeWork WA. These organizations provide valuable resources and support.
If you believe you have a valid personal injury claim, the first step is to consult with a reputable personal injury lawyer. They can review your case, explain your rights, answer your questions, and help you understand if proceeding with a claim is in your best interest.
