
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
If you’ve been injured because of a faulty product or due to a hazard in a public place, you may be entitled to make a claim. Many people slip or trip due to hazards in public places every year.
If you suffer an injury at work or whilst travelling between work locations, you may be eligible to make a workers compensation claim.
Injured in a car accident, truck accident, cycling accident, motorbike accident or quad bike accident, whether the incident was your fault or not, you may have a claim for compensation.
Soul Legal’s directors have more than 62 years of combined experience in Western Australian injury law. Kevin Wong has practised since 1991 and Rebecca Sorgiovanni since 1997. Your first consultation is free, your details stay confidential, and if your injuries make travel hard, we can come to you at home or in hospital.
In most cases, three years. Personal injury claims in Western Australia generally must start within three years of the date you became aware of your injury, under the Limitation Act 2005 (WA). Two of the most common claim types run on tighter clocks.
Miss the window and your claim can be barred entirely. Extensions exist in limited situations, but they are never guaranteed. If a deadline is close, getting advice early, even just to preserve your position, is the single most useful thing you can do.
Which compensation scheme applies depends on how you were injured, not on which lawyer you call. A car crash, a workplace injury and a slip in a public place each run through a different Western Australian system, with different deadlines and different things you can claim.
| Claim type | Who runs it and your deadline | What you can claim | A current figure to know |
|---|---|---|---|
| Motor vehicle accident | Insurance Commission of WA (ICWA). Notify as soon as practicable; court action generally within 3 years. | Pain and suffering, loss of earning capacity, treatment and rehabilitation, and home help caused by your injuries. | In one recent year, ICWA finalised more than $263 million in personal injury claims. (ICWA statistics; verify current.) |
| Work injury | WorkCover WA scheme, through your employer’s insurer. Report as soon as practicable; lodge within 12 months. | Income compensation, medical and health expenses, rehabilitation, and permanent impairment compensation. | Income is generally paid at 100% of capped pre-injury earnings for the first 26 weeks, then 85%. The prescribed maximum was indexed to $273,220 for 2025/26. (WorkCover WA; verify current.) |
| Public place, slip or faulty product | A claim against the responsible party’s insurer under the Civil Liability Act 2002 (WA). Generally within 3 years of awareness. | Pain and suffering, past and future loss of income, and treatment and care costs. | Damages are assessed case by case, with thresholds and limits set by the Act. (Civil Liability Act 2002 (WA); confirm how it applies.) |
These figures are indexed and change every year. The amounts reflect the 2024/25 to 2025/26 official figures from WorkCover WA and ICWA and should be checked against the current published figure before you rely on them. This is general information about the schemes, not advice about your individual claim.


Whether you were driving, cycling, riding a motorbike, or walking when the accident occurred, you may be entitled to significant compensation. This applies even if you were partially at fault. Our motor vehicle accident lawyers help clients claim compensation for general damages covering pain and suffering, loss of earning capacity, medical treatment costs, rehabilitation expenses, and the cost of home help required due to your injuries.
In Western Australia, the Insurance Commission of Western Australia manages all personal injury claims arising from motor vehicle crashes. We know how ICWA operates, what evidence strengthens your claim, and how to negotiate effectively on your behalf.

Injured at work or while travelling between work locations? You likely have entitlements under Western Australia’s workers compensation scheme. Our team assists with claims for income compensation, medical and health expenses, rehabilitation costs, and permanent impairment compensation.
When employer negligence caused your serious injury, a common law claim can also be pursued. This can substantially increase your total compensation.
No Win, No Fee means you do not pay Soul Legal’s professional fees unless your claim succeeds. It does not always mean zero out-of-pocket cost, and this is the part that catches people out.
While a claim runs, third-party costs called disbursements can arise: medical reports from your treating doctors, investigation costs, court filing fees and, in some matters, barrister fees. Soul Legal is on the Legal Aid Panel, so for clients who cannot meet these costs in a meritorious claim, disbursements are usually covered by Legal Aid. If your claim succeeds, the majority of professional fees are usually recovered from the defendant or their insurer, and any shortfall comes out of the settlement at the end of your case.
Before you sign with any firm, ask one direct question: what disbursements am I responsible for if my claim is unsuccessful or settles for less than expected? The answer varies between firms, and some are clearer about it than others. We set ours out in writing at your first consultation.
*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
Before you call any lawyer, you can protect your own claim in five steps. We call it the Claim Readiness Check, and it comes from the mistakes we see weaken claims most often.
The mistake we see most often: people try to manage an injury themselves and hope it settles down on its own. The delay in medical reporting is exactly what weakens the claim they could have made..
Every lawyer practising in Western Australia must hold a current practising certificate from the Legal Practice Board of WA, and you can check it yourself in about five minutes, including any record of disciplinary action.
Then ask any firm you are considering three questions:
Firms that answer these plainly are the ones worth shortlisting. We are happy to answer all three on the first call.

75+ Years Combined Experience
Soul Legal’s Directors Kevin, Rebecca and team bring 75+ years of combined experience in compensation law

Proven Track Record
Soul Legal has a proven track record of thousands of successful claims totalling millions in compensation awards

Perth’s Trusted Law Firm
Soul Legal are the specialists in personal injury compensation. We are here to help our clients win and receive the compensation they deserve
We concentrate on the two claim types that affect Joondalup and the northern corridor most: workers’ compensation and motor vehicle injury.
For work injuries, we act on claims for income compensation, medical and rehabilitation expenses, and permanent impairment. Where an employer’s negligence caused a serious injury, a separate common law claim may also be available, which can change what is recoverable. For motor vehicle injuries handled through ICWA, we act on claims for pain and suffering, loss of earning capacity, treatment and rehabilitation, and home help.
We also advise on public liability, criminal injuries compensation, medical negligence, and superannuation Total and Permanent Disability claims where they connect to an injury matter.
Most claims follow the same path, and most settle without a courtroom.
You work directly with a qualified lawyer, not a case handler.
Kevin Wong has practised in personal injury law since 1991, more than 34 years. He acts in motor vehicle and workers’ compensation matters and appears in District Court and WorkCover proceedings when a claim cannot be settled.
Rebecca has practised in personal injury law since 1997, more than 28 years, with a focus on workers’ compensation, including workplace injury and impairment claims.
Soul Legal is Perth’s Leading Personal Injury Compensation Law Firm
Soul Legal does not have a Joondalup shopfront. We run from our Perth CBD head office and a branch in Baldivis, and for clients whose injuries make travel hard, we come to you at home or in hospital.
What matters for a Joondalup claim is knowing the area your matter touches. Crashes cluster on the major arterials, Joondalup Drive, Wanneroo Road and the Mitchell Freeway, and run through ICWA. Workplace injuries come from the retail, construction, health and logistics employers across the northern suburbs and the Neerabup industrial area, under the WorkCover scheme. Slips and falls at places like Lakeside Joondalup, local parks and footpaths fall under public liability. Medical negligence matters are often connected to Joondalup Health Campus, the main hospital for the northern corridor.
Knowing the roads, the employers and the hospital behind a claim is what lets us move quickly on the facts that decide it.





Usually no. The majority of Soul Legal’s claims settle by negotiation with the insurer. Court is an option we are prepared to use if the insurer will not agree to reasonable terms.
Often yes. In Western Australia you may still claim if a driver of a registered motor vehicle was at least partly at fault. Your compensation can be reduced to reflect your share of responsibility.
No legal fees are payable until your claim concludes, on a No Win, No Fee basis. Because Soul Legal is on the Legal Aid Panel, disbursements are usually covered by Legal Aid for clients who cannot meet them in a meritorious claim.
It depends on your injuries. A claim can often only be assessed once your injuries stabilise, which for serious injuries can take a year or more, sometimes longer if surgery is ongoing.
Possibly. Where an employer’s negligence caused a serious work injury, a separate common law claim may be available in addition to your statutory entitlements, and a superannuation Total and Permanent Disability claim may also apply if you cannot return to work.
Yes. You work directly with a qualified lawyer, and in special cases where your injuries prevent travel, we can visit you at home or in hospital.
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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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