Bunbury Motor Vehicle Accident Lawyers

One of Bunbury’s most respected motor vehicle accident injury law firms. We negotiate the best payout for your circumstance!

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    Common types of MVA Injury Claims we deal with:

     

    Common types of Motor Vehicle Accident Injury Claims include:

    • Physical injury compensation for those who are injured or die as a result of a motor vehicle accident
      • Injury to the spine, trunk, pelvis, abdomen, upper and lower limbs and face
      • Burns of any kind
      • Head and brain injury
      • Whiplash
    • Mental stress, including PTSD, compensation

    Call us now on 08 9371 5060

    No win no fee lawyers. Get your obligation-free first consultation.

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    Who can submit a claim?

    You can claim if you were:

    • A passenger in any car, truck, bus or motorcycle and obtained an injury as a result of the negligent behaviour of the driver; or
    • A pedestrian at the time of injury resulting from the negligent behaviour of the driver of any car, bus, truck or motorcycle.

    You can still claim if you were partly to blame for the accident. If this is the case, the amount of your claim will be reduced in accordance with your contributory negligence (usually expressed as a percentage). Our motor vehicle accident lawyers will advise you in this instance.

    If you suffered a loss due to death or serious injury of a family member or loved one as a result of a motor vehicle accident, you may also be eligible to claim.

    Key Success Factors for MVA Injury Compensation

    To ensure a successful claim, it is crucial to prove liability and to prove the extent to which the injured person is eligible to receive damages.

    Strict time limits apply when it comes to submitting a claim against ICWA. Time periods differ for adults and children and on a case-to-case basis, so we recommend you contact our car injury lawyers for an obligation free chat immediately to discuss your needs.

    What to expect in the process of a Motor Vehicle Injury claim?

    • After you get in touch, one of our expert car accident lawyers will contact you for an obligation-free consultation. This is where we will answer all of your questions regarding fees, timings etc. It is important to note that in a successful car accident injury claim, the person responsible for the injury or their insurer will cover most of the costs.
    • We will discuss your situation and work with you to determine whether you are eligible to receive compensation for your injuries.
    • Most claims are settled without the need to go to court. However, pre-trial conferences are held at the court building on a more informal basis and we will represent you through this process.
    • We will endeavour to get through the claim process as quickly as possible by seeking the relevant expert medical advice from your doctors to ensure that your claim is settled at the right time.
    • We will gather all available evidence to support your claim.
    • We will have your claim accepted – NO WIN, NO FEE!
    • We negotiate the best payout possible consistent with your injuries.

    Did you now?

    If you suffer a catastrophic injury wherein you suffer a spinal cord injury, traumatic brain injury, multiple amputations, severe burns or blindness after after 1 July 2016 in a car, truck, bus or motorcycle crash, you have a claim against ICWA under its new Catastrophic Scheme irrespective of who caused the accident. This means that the Compulsory Third Party insurance scheme will be extended to provide care and support to all people catastrophically injured in motor vehicle accidents irrespective of fault. In other words, from 1 July 2016 regardless of fault, you will be entitled to make a claim for care and support on a consistent basis. 

    The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

    Any action that constitutes negligence on behalf of the driver of a motor vehicle on which you were a passenger or that of another driver which lead to your injury will entitle you to claim compensation. You can also claim compensation for pedestrian injury as a result of negligence.

    CAR, MOTORCYCLE, TRUCK & BUS ACCIDENT & INJURY

    What can i claim?

    Any action that constitutes negligence on the part of the driver of either a car, truck, bus or motorcycle in or on which you were a passenger or that of another driver of a car, truck, bus or motorcycle that causes you an injury, entitles you to lodge a claim for your personal injury compensation.

    Whiplash claims

    Whiplash is a common term to describe the way an injury is caused. Whiplash is the violent movement of the head and/or neck caused by an acceleration–deceleration mechanism that are triggered by an accident such as a motor vehicle accident. The injuries caused by the whiplash are to the muscles, tendons, and other soft tissues of the neck. The whiplash injury may cause neck pain, tenderness, restrictions in range of movement, headaches, nerve or spinal cord injury, anxiety, and PTSD. Whiplash-associated disorder (WAD) is the term given for the collection of symptoms caused by a whiplash.

    Bicycle Accident Claims

    What type of bicycle accident claims exist?

    Any action which constitutes negligence on the part of another person, for e.g.:

    • where you have to swerve out for a car that pulls out in front of you;
    • someone opening a car door with which you make contact or else have to swerve out for which results in you crashing, even if there was no contact;
    • hitting an obstacle on the road or cycle path surface which should not have reasonably been there, for example a pothole which has not been repaired or marked off by the City of Bunbury;
    • colliding with another user of a cycle path, whether it be another cyclist or pedestrian.

    The accident will be deemed to be partially your fault if, you for example:

    • cycle at night without adequate lighting and / or dark clothing;
    • fail to keep a proper lookout or fail to avoid the collision with the exercise of reasonable care;
    • fail to use proper hand signals;

    Pedestrian Accidents

    What types of pedestrian claims exist?

     Any action which constitutes negligence on the part of another person, for e.g.:

    • if the driver of a car causes it to collide into you;
    • if a person on a bicycle, skateboard or any other device used to propel someone on a road, cycle path or sidewalk collides into you;
    • stepping into or falling over an obstacle on a road, cycle path or sidewalk which should not have reasonably been there alternatively should have been properly cordoned off, for example an open manhole.

    The accident will be deemed to be partially your fault if, you for example:

    • are not visible at night and you are walking on an unlit roadway;
    • fail to keep a proper lookout or fail to avoid the incident with the exercise of reasonable care and caution;
    • you are intoxicated and your actions do not constitute that of the reasonable person.

    Frequently Asked Questions

    Yes you can still claim but the amount of your claim will be reduced in accordance with your contributory negligence that is normally expressed as a percentage.

    Immediately after you are in a position to do so:

    • report the matter to the police or complete the online crash report;
    • if possible take photos of the scene;
    • obtain the names and contact particulars of all witnesses to the incident;
    • contact us at A & E Legal for further assistance.

    You can claim for all loss and damage suffered by you, i.e.:

    • Loss of earnings (past and future)
    • Pain, suffering and loss of amenities of life
    • Past and future medical expenses;
    • Hospitalisation expenses
    • Home assistance expenses.

    There are strict time limits and normally, if you are an adult, you have 3 years from the date of your accident or from the date when you first noticed clinical signs of an injury. Different time periods exist for children and we recommend that you contact us immediately

    Most claims are settled without having to go to Court on trial. However, pre-trial conferences are held at the Court building in a more informal basis and we will be there to represent you through this process.

    We will attempt to get through the claim procedure as quickly as possible by seeking the relevant expert medical advice from your doctors to ensure that your claim is settled at the right time. We will answer all your questions about legal costs at the first free consultation with you. However, in the event of a successful resolution of your claim, the person liable or their insurers will cover most of the costs.

    The first consultation is free with no obligation on your part to proceed.

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