
Medical Negligence Or A Poor Outcome In WA: How To Tell The Difference
Written By: Rebecca Sorgiovanni Reviewed By: Kevin Wong, Director and Personal Injury Lawyer Last Reviewed: 7 September 2026 A bad result is not the same
Before you speak to any lawyer, you can get a rough sense of where your claim stands by checking five factors. Soul Legal uses these same factors during every free initial assessment.
1. Medical documentation exists. Did you see a doctor within 48 hours of the injury, and did the medical record note the cause? A gap between the injury date and the first medical visit is one of the most common reasons insurers push back on claims in WA. If you haven’t seen a doctor yet, do that before anything else.
2. Someone else owed you a duty of care and failed. An employer who didn’t maintain safe equipment. A driver who ran a red light. A property owner who left a known trip hazard unfixed. The question isn’t whether you were hurt. It’s whether someone else’s failure caused or contributed to it.
3. You can identify the liable party or their insurer. For motor vehicle accidents in WA, all claims go through the Insurance Commission of Western Australia (ICWA), so the insurer is always identifiable. For workplace injuries, it’s the employer’s workers’ compensation insurer under the Workers’ Compensation and Injury Management Act 2023. For public liability, it’s usually the property owner’s or occupier’s insurer.
4. You’re within time. Under the Limitation Act 2005 (WA), you generally have three years from the date you became aware of the injury to settle your claim or file court proceedings. Miss that window, and the court will almost certainly bar the claim. For motor vehicle accidents through ICWA, a separate notice requirement also applies.
5. The injury has caused measurable loss. Medical expenses, lost wages, reduced capacity to work, or pain that affects daily life. If you can put a dollar figure or a specific restriction on what the injury cost you, the claim has substance.
If you tick three or more of these, it’s worth a free conversation with a personal injury lawyer. If you tick all five, the claim is likely strong enough to proceed.
Call (08) 6558 1786 or fill in the form above for a free assessment. Soul Legal will tell you where you stand within 24 hours.
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If you were injured as a driver, passenger, cyclist, motorcyclist, or pedestrian in a crash near Cannington or anywhere in WA, you can claim compensation through the Insurance Commission of Western Australia (ICWA). This applies even if you were partly at fault. Under WA’s contributory negligence rules, your compensation is reduced by your percentage of fault, but you can still recover.

Workplace injuries and illnesses, including physical injuries, psychological conditions, and FIFO-related claims, may entitle you to weekly income compensation, medical and rehabilitation expenses, and a lump sum for permanent impairment under the Workers’ Compensation and Injury Management Act 2023.

Slip and fall accidents, trip hazards, and injuries caused by unsafe conditions on someone else’s property can form the basis of a compensation claim under the Civil Liability Act 2002 (WA). The property owner or occupier has a duty to keep the premises safe. If they knew about a hazard (or should have known) and didn’t fix it, they may be liable.

When a healthcare provider fails to meet the standard of care expected of a reasonably competent practitioner in their field, and you suffer harm as a direct result, you may have a medical negligence claim. These cases require specialist legal knowledge, careful evidence gathering, and usually an independent medical expert’s opinion confirming the breach of duty.

If you’ve been the victim of an assault, sexual abuse, or another criminal offence in Western Australia, you may be able to claim compensation through the Criminal Injuries Compensation Scheme. Recent legislative reforms have expanded the rights of survivors, including those affected by historical abuse. Kevin Wong has handled criminal injuries matters through to the Supreme Court.

Under the Dog Act 1976 (WA), dog owners bear strict liability for injuries caused by their animals. “Strict liability” means you don’t need to prove the owner was negligent. If their dog bit you or attacked you, they’re liable. These claims are often covered by the owner’s home and contents insurance.
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Have you sustained an injury from a defective product or encountered a dangerous situation in a public area? You could be eligible to pursue compensation. Thousands of Australians experience slip and fall accidents in public spaces annually due to unsafe conditions.
Should you sustain an injury whilst on the job or during transit between work sites, you might qualify for a workers’ compensation claim.
Been involved in a motor vehicle collision, truck crash, bicycle incident, motorcycle accident, or quad bike mishap? Regardless of who was at fault for the incident, you could potentially lodge a compensation claim.
At larger firms, your file often gets handed to a junior solicitor or paralegal after the initial consultation. At Soul Legal, Kevin Wong and Rebecca Sorgiovanni personally manage claims from first phone call to settlement. Kevin has been practicing personal injury law in WA since 1991 (34+ years). Rebecca has been practicing since 1997 (28+ years). Combined, that’s over 60 years of direct experience in WA personal injury claims.
Soul Legal operates on a No Win, No Fee basis for all personal injury claims with merit. What that means in plain terms:
You pay no legal fees unless your claim succeeds. If it doesn’t succeed, you owe Soul Legal nothing in legal fees. If your claim does succeed, the defendant’s insurer is usually required to pay the majority of your legal costs. Any shortfall between what the insurer pays and Soul Legal’s actual costs is deducted from the settlement proceeds.
Separately, there are disbursements: costs paid to third parties during your claim, like your doctor’s fee for writing a medical report or a specialist’s fee for an expert opinion. Soul Legal is on the Legal Aid panel. Where a client can’t meet disbursement costs, Legal Aid will often cover them for claims with merit.
The full fee arrangement is explained in writing before you commit to anything. No surprises.
Soul Legal has handled thousands of personal injury claims across Western Australia, recovering compensation through settlements and court awards across every claim type the firm handles. Kevin has taken cases from the District Court through to the Supreme Court of Western Australia and the High Court of Australia.
*At Soul Legal we only charge fees in personal injury claims if you are successful settling your claim or have a successful judgment (excluding disbursements). A Defendant may be able to claim costs against you if successful in defending an action brought by you
The claims process in WA runs through several stages. How long it takes depends on the severity of your injuries, the complexity of the case, and how the insurer responds. Here’s the actual timeline, stage by stage.
You contact Soul Legal by phone or online form. Before the first consultation, you’ll receive an upload link to submit all relevant documents (medical records, incident reports, photos, correspondence). A director reviews your situation at no cost. The consultation is confidential. If you don’t proceed, you pay nothing.
Once you engage Soul Legal, the firm collects medical records, obtains specialist reports, gathers witness statements, and requests documents from insurers or employers. For motor vehicle claims, this includes lodging with ICWA. Claims go through the employer and insurer. WorkCover WA regulates the scheme and handles disputes. For negligence claims, proceedings are commenced in the District Court of Western Australia.
A proper assessment of your entitlements can only happen once your injuries have stabilised. Your doctors need to be able to give a clear picture of your long-term prognosis, ongoing treatment needs, and any permanent impairment. For serious injuries, this stage alone can take a year or more. Rushing this stage almost always reduces your final payout.
Soul Legal drafts submissions and attempts to settle your claim directly with the insurer or opposing party. If a fair agreement can’t be reached informally, most WA personal injury claims move to a pre-trial conference. The majority of claims settle at this stage without a court hearing.
When agreement is reached, your compensation is paid as a lump sum. If the insurer won’t offer a fair amount, Soul Legal is prepared to run your case to trial. Kevin Wong has litigated cases through to the Supreme Court and High Court, and that willingness to go the distance strengthens your position at every earlier stage.

Under the Limitation Act 2005 (WA), you generally have three years from the date you first became aware of your injury to settle your claim or commence court proceedings. This is a hard deadline. Courts can extend it in very limited circumstances, but extensions are never guaranteed.
The three-year period applies to most personal injury claims in WA, including motor vehicle claims through ICWA and common law negligence claims. For children, the rules are different: if the injured person was under 15 at the time of the incident, the limitation period is six years. If the person was 15, 16, or 17, they must commence proceedings before turning 21.
The practical risk most people underestimate: three years sounds like plenty of time, but your injuries may not stabilise for 12 months, the evidence-gathering and specialist reports take months more, and if negotiation fails, you need enough runway to file and prepare for court before the deadline. Starting the process two years after an injury leaves almost no margin for complications. The safest approach is to get legal advice within weeks, not months.
Soul Legal offers a free consultation so you can understand your rights before any deadline passes. Early advice also means critical evidence (medical records, witness accounts, CCTV footage) can be preserved before it disappears.
1. Delaying medical attention. If there’s a gap between the accident and your first doctor visit, the insurer will argue the injury wasn’t caused by the accident, or it’s less serious than claimed. See a doctor as soon as possible. Make sure the records note the cause of the injury, not just the symptoms.
2. Not reporting all injuries at once. Some people mention the most painful injury and forget to report the secondary ones (a sore shoulder alongside a back injury, for example). If an injury isn’t in the initial medical report, adding it later looks like an afterthought to the insurer. Report everything at the first visit.
3. Thinking you can manage without legal advice. Insurance companies have experienced teams whose job is to minimise what they pay. Handling the claim yourself, particularly during settlement negotiations, almost always results in a lower payout. A No Win, No Fee arrangement means there’s no financial risk in having a lawyer assess your claim.
4. Accepting the first offer. Early offers from insurers are made before your injuries have fully stabilised. They’re calculated on the basis of your current condition, not your long-term prognosis. Once you accept, you can’t go back for more if the injury worsens or your recovery takes longer than expected.
5. Posting about your injury on social media. Insurers check. A photo of you at a family barbecue can be used to argue your injuries aren’t as limiting as your medical evidence suggests. Your lawyer will advise you on what to avoid during the claims process.
Soul Legal is Leading Personal Injury Compensation Law Firm
Soul Legal provides personal injury legal services to residents across Cannington and the surrounding suburbs in Perth’s south-eastern corridor, with convenient office locations in the Perth CBD and Baldivis.
Whether you live in Cannington, East Cannington, Bentley, Queens Park, Welshpool, Wilson, Beckenham, Kenwick, Ferndale, Lynwood, Riverton, Gosnells, or Victoria Park, Soul Legal can help you with your compensation claim. We understand the local community, from workers in the Welshpool industrial precinct to retail staff in the Cannington shopping district and tradies across the south-east suburbs.
If you cannot travel to our offices due to your injury, Soul Legal can arrange consultations by phone, video conference, or home and hospital visits. We come to you.





You may have a personal injury claim if you were hurt due to someone else’s negligence, a workplace incident, a motor vehicle accident, a criminal act, or unsafe conditions in a public or private place. The key question is whether another party owed you a duty of care and failed to meet it. Soul Legal offers a free claim assessment where a qualified lawyer will review the facts of your situation and advise you whether you have grounds to pursue compensation under Western Australian law. There is no cost and no obligation.
Soul Legal operates on a No Win No Fee basis for all personal injury claims. This means you pay no legal fees unless your claim is successful. There are no upfront costs. If your claim succeeds, the insurer typically pays the majority of your legal fees. Any shortfall is deducted from the settlement proceeds and usually does not exceed 10% of the damages award. Your first consultation is completely free.
Under the Limitation Act 2005 (WA), you generally have three years from the date you first became aware of your injury to lodge and settle your claim or start court proceedings. For children under 15 at the time of injury, the deadline extends to six years. If the injured person was aged 15 to 17, they must act before turning 21. These deadlines are strict and extensions are rarely granted, so it is important to contact a personal injury lawyer as soon as possible after your injury.
Yes. In Western Australia, you can still pursue a personal injury compensation claim even if you contributed to the accident. The compensation you receive will be reduced by your percentage of fault. For motor vehicle accident claims through ICWA, and for catastrophic injuries, there are additional protections that may still allow a claim even where fault is shared or unclear. Soul Legal will assess your situation and advise you honestly on your prospects.
Most personal injury claims in WA take between six months and two years to resolve, depending on the complexity of the case, the severity of your injuries, your recovery timeline, and the insurer’s approach. More complex cases — such as catastrophic injuries or disputed liability claims — can take longer. Soul Legal works to progress your claim as quickly as possible while ensuring the best possible outcome. The majority of claims settle at the pre-trial conference stage without going to court.
No Win No Fee means Soul Legal will not charge you legal fees unless your personal injury claim is successful. If your claim does not succeed, you do not owe Soul Legal any legal fees. If your claim does succeed, the insurer is typically required to pay the majority of your legal costs. The remaining costs are covered from the settlement proceeds. Soul Legal’s fee arrangement is explained clearly in writing before you commit, so there are no surprises.
The majority of personal injury claims handled by Soul Legal are settled through negotiation at a pre-trial conference without the need for a court hearing. However, if the insurer refuses to offer fair compensation, Soul Legal is prepared to take your matter to trial in the District Court of Western Australia. Kevin Wong has successfully litigated cases through to the Supreme Court and High Court, and that willingness to go to court strengthens your negotiating position from the outset.
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Written By: Rebecca Sorgiovanni Reviewed By: Kevin Wong, Director and Personal Injury Lawyer Last Reviewed: 7 September 2026 A bad result is not the same

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