What Type of Personal Injury Claims Are There?

Personal injury claims compensate individuals who suffer harm due to another party’s negligence or wrongful actions. There are four main types of personal injury claims in Australia:

1. Workplace accident compensation – Injuries sustained while performing job duties due to unsafe work conditions or employer negligence

2. Motor vehicle accident compensation – Injuries from car, motorcycle, truck, or bicycle accidents caused by negligent drivers

3. Slip and fall incidents – Injuries occurring in public spaces like shopping centres, offices, or schools where property owners failed to maintain safe conditions

4. Medical negligence – Harm resulting from misdiagnosis, incorrect treatment, medication errors, or failure to communicate procedure risks

Personal injury compensation typically covers medical expenses, lost earnings, physical and psychological suffering, and loss of quality of life. In Western Australia, injured parties must prove the responsible party owed a duty of care, breached that duty, and directly caused the injuries sustained.

NOTE: If you’ve been involved in an incident and have made a claim for personal injury compensation, you may wish to consult a personal injury claims lawyer to assist in properly assessing your claim. 

Workplace accident compensation

All employees have the right to a safe work environment, one at which they can perform daily tasks without fear of injury or harm. A worker injured in a workplace accident may be entitled to receive workplace personal injury compensation. This compensation will depend on how severe your injuries are.

To prove your employer is responsible for your injuries, you must:

• Show your employer owed you a duty of care 
• Demonstrate your employer breached the duty
• There is a definite link between the injuries or harm you sustained and the breach of the duty of care.

With work related injuries, there is also no fault workers compensation benefits that a lawyer can assist in assessing.

Motor vehicle accident compensation

Road accidents can involve cars, motorcycles, trucks, bicycles, and other road-using vehicles. Any road user could find themselves in accidents resulting in severe injury or harm due to the negligent actions of another driver. Personal injury compensation covers most motor vehicle accident injuries. Speak with a motor vehicle accident claims lawyer to see if your injuries meet the criteria if you have completed a crash report and made a personal injury claim. 

Slip and fall incidents in public settings

You have a right to feel safe in all public settings (including shopping centres, supermarkets, offices, and schools). Owners of public spaces must take necessary precautions to ensure their patrons are not put at risk. Slip and fall injuries can be severe. If you have made a claim in relation to an accident, having fallen over in a public space and cannot work or complete your usual daily tasks, speak with compensation lawyers on how public liability claims  are assessed in slip and fall matters. They can show you how to progress the personal injury claim process.

Medical negligence

Medical negligence cases are typically one of the most common personal injuries claims compensation lawyers work on. If you’re involved in a situation where you suspect medical negligence, an expert report from a medical specialist is usually required to pursue a personal injury claim. If the medical expert is of the view that the medical practitioner who treated you failed to act reasonably as other doctors would, that is medical negligence. Medical negligence covers situations such as:

• Failing to diagnose or misdiagnosing a medical condition 
• Prescribing the incorrect medication or dosage
• Failure to communicate all aspects of a procedure, including all risks 
• Performing procedures they are not qualified to perform
• Improperly administering anaesthesia

What your injury compensation covers

Typically, compensation will cover financial loss and any loss of quality of life. You’re required to provide evidence of the consequences you’ve suffered due to your injuries. Personal injury compensation can cover:

• Medical expenses
• Loss of earnings
• Physical and psychological suffering
• Loss of enjoyment of life

Do any of these types of personal injuries relate to you? 

If you have made a claim, and wish to have assistance in progressing the claim, contact the Soul Legal team today. At Soul Legal, our lawyers have been protecting the rights of Western Australians for more than 30 years.