Personal Injury Lawyer In Midland, WA

Soul Legal offers Midland and eastern suburbs residents a free, confidential injury claim assessment on a No Win No Fee basis. Kevin Wong and Rebecca Sorgiovanni handle your claim personally.

Do You Have a Personal Injury Claim?

If you’ve been hurt in a workplace accident, car crash, public place, or through someone else’s negligence in Midland or the eastern suburbs, you likely have a valid compensation claim under Western Australian law. Soul Legal provides a free initial assessment (within 24 hours of contact) to confirm whether you’re entitled to compensation and to estimate what your claim could be worth.

Most people we speak with from the Midland area have three concerns before they pick up the phone.

The first is fault. You don’t need to know who caused the accident to start a claim. For motor vehicle crashes, compensation is managed through the Insurance Commission of Western Australia (ICWA) under the Motor Vehicle (Third Party Insurance) Act 1943 – even when fault is shared or unclear. For workplace injuries, Western Australia’s workers’ compensation system is no-fault. You’re entitled to weekly payments, medical costs, and rehabilitation support regardless of who caused the injury. That changed with the Workers’ Compensation and Injury Management Act 2023, which replaced the old 1981 Act and introduced clearer rules around how claims are assessed and disputed.

The second is cost. Soul Legal operates on a genuine No Win No Fee basis. You pay nothing upfront. If your claim succeeds, the majority of legal fees are typically recovered from the defendant or their insurer. Any gap is deducted from the settlement proceeds, not billed separately. If your claim doesn’t succeed, you don’t pay legal fees. Soul Legal is also on the Legal Aid panel, so if you can’t cover disbursements (things like medical report fees), Legal Aid may fund those costs on eligible claims.

The third is whether the injury is “serious enough.” There’s no minimum injury threshold for making a claim in WA. We’ve handled everything from soft tissue injuries that resolved in months to catastrophic spinal injuries requiring lifetime care. The only way to know is to have a lawyer assess your specific circumstances.

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PERSONAL INJURY CLAIM

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.

WORKERS COMPENSATION CLAIM

Should you sustain an injury whilst on the job or during transit between work sites, you might qualify for a workers’ compensation claim.

CAR ACCIDENT 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.

What Types of Personal Injury Claims Can Midland Residents Make?

Car and Motor Vehicle Accident Claims

Every motor vehicle injury claim in WA goes through ICWA, not against the other driver directly. You can claim even if you were partly at fault. Compensation covers medical and rehabilitation costs, lost income, pain and suffering, and care needs. Soul Legal’s car accident lawyers manage the entire ICWA process, lodging the claim, gathering medical evidence, and negotiating directly with the Commission.

Workers Compensation Claims

You don’t need to prove your employer did anything wrong to claim workers’ compensation in WA. The system is no-fault. You’re entitled to weekly income payments (up to the prescribed amount), medical and rehabilitation expenses, and return-to-work support.

Public Liability Claims

Injuries from unsafe conditions on someone else’s property – slips, trips, falls, falling objects, inadequate lighting, uneven surfaces – may entitle you to compensation under the Civil Liability Act 2002 (WA). You need to show the property owner or occupier knew (or should have known) about the hazard and didn’t fix it.

Medical Negligence Claims

When a healthcare provider falls short of the standard of care, through surgical errors, misdiagnosis, delayed treatment, medication mistakes, or failure to obtain informed consent, and that failure causes you harm, you may have a medical negligence claim. These claims require expert medical evidence and are assessed against what a reasonable practitioner in that field would have done.

Criminal Injuries Compensation

If you’ve been the victim of a criminal offence, assault, sexual abuse, robbery, domestic violence, you can claim through the Criminal Injuries Compensation Scheme under the Criminal Injuries Compensation Act 2003 (WA). The maximum amount payable is $75,000 for adults.

Dog Attack Compensation

Under the Dog Act 1976 (WA), dog owners face strict liability for injuries their animals cause. “Strict liability” means you don’t need to prove the owner was negligent, only that the dog attacked and you were injured. Compensation is often covered by the owner’s home and contents insurance policy. The City of Swan has its own local laws about dangerous dogs that can strengthen your claim.

No Win - No Fee* Personal Injury Lawyer in Midland, WA

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*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

How Soul Legal handles your Midland personal injury claim

We manage every claim through a structured five-step process. Here’s what each step involves and how long it typically takes.

Action 1: Free claim assessment

Call (08) 6558 1786, submit the online form, or visit the Perth CBD office at Level 2, 22 St Georges Terrace. Before your first consultation, you’ll receive an upload link where you can submit all relevant documents for review. A senior lawyer (Kevin or Rebecca, not a paralegal) reviews your situation and gives you an honest assessment of whether you have a claim and what it could be worth. If you can’t travel, we come to you, home visits and hospital visits across the Midland and eastern suburbs area are available. After-hours consultations can be arranged on 0411 896 133.

This assessment is free, confidential, and carries no obligation. We’ll also walk you through the No Win No Fee retainer and provide a written estimate of the fees that would apply if your claim succeeds.

Action 2: Evidence assembly

Your lawyer gathers everything needed to build the claim: medical records and specialist reports, witness statements, employer incident reports (for workplace injuries), police crash reports (for motor vehicle accidents), CCTV footage requests, insurer correspondence, and any other documentation specific to your case. Soul Legal handles all of this. You don’t need to chase paperwork while you’re recovering.

Action 3: Formal claim lodgement

The claim is lodged with the right body: ICWA for motor vehicle accidents, WorkCover WA for workplace injuries, or the appropriate court for other negligence claims. Each pathway has its own deadlines and procedural requirements. Soul Legal manages all of them.

Action 4: Negotiation and settlement

Soul Legal negotiates directly with insurers and opposing lawyers. Kevin and Rebecca reject inadequate offers. Many claims resolve at a pre-trial conference or through mediation without requiring a full court hearing.

Action 5: Resolution and payment

Once a fair outcome is reached, compensation is paid. If an insurer refuses a reasonable offer, Soul Legal takes the case to trial. Kevin Wong has litigated matters through the District Court, the Supreme Court, and the High Court of Australia.

A proper assessment of your entitlements can only happen once your injuries have stabilised and your doctors can give a clear picture of the long-term prognosis. For serious injuries, that stabilisation period can take 12 months or longer, sometimes more if ongoing surgery is required. Rushing to settle before your medical position is clear almost always means accepting less than you’re entitled to.

Your Personal Injury Rights Under Western Australian Law

Western Australian personal injury law provides multiple compensation pathways depending on how and where your injury occurred. The legislation that governs your claim depends on the claim type.

Time limits that can bar your claim permanently

Under the Limitation Act 2005 (WA), you generally have three years from the date you first became aware of your injury to commence court proceedings. For children under 15, that limit extends to six years. People aged 15-17 at the time of injury must file before turning 21.

But there are earlier deadlines within those limits. Insurers need to be notified of an intention to claim within a reasonable time. For motor vehicle claims, you should lodge an online crash report with ICWA as soon as possible after the accident. For workers’ compensation, the claim form should be submitted to your employer promptly.

Missing any of these deadlines can weaken or permanently bar your claim. If you’re unsure about timing, call a lawyer before doing anything else.

The 2023 Workers’ Compensation Act – what changed

The Workers’ Compensation and Injury Management Act 2023 replaced the 1981 Act. It’s the biggest overhaul of WA’s workers’ compensation system in over 40 years, and several changes directly affect how claims are assessed and disputed.

The new Act restructured the dispute resolution process through the Workers’ Compensation Commission. It updated the rules around how medical assessments are conducted for permanent impairment. And it changed how insurers can manage and review ongoing claims.

If you’re lodging a workers’ compensation claim in 2026, you’re operating under this new framework. Most of the online advice still references the old Act. Soul Legal’s workers’ compensation practice has been handling claims under the 2023 Act since it took effect.

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What Compensation Can You Receive?

Personal injury compensation in WA covers both the financial losses you’ve already incurred and the long-term costs your injury will create. The amount depends on the type and severity of your injury, its impact on your work capacity, and the circumstances of the accident.

What’s typically covered:

Medical and rehabilitation expenses – past and future. This includes surgery, physiotherapy, specialist consultations, psychology, medication, and any assistive devices or equipment.

Lost income – both wages lost during recovery and any permanent reduction in your earning capacity. If you can’t return to the same role, or can only work reduced hours, the loss of future earning capacity can be the largest component of a serious injury claim.

Pain and suffering (general damages) – compensation for physical pain, emotional distress, anxiety, depression, and loss of enjoyment of life. In motor vehicle claims through ICWA, general damages are assessed on a prescribed scale. In common law claims, the assessment is broader.

Care and assistance – home help, nursing support, vehicle modifications, home modifications. If your injury means you need help with things you could do before the accident, that help has a compensable value.

Legal costs – in most successful claims, the opposing party contributes to your legal fees.

For catastrophic injuries (severe spinal cord injuries, traumatic brain injuries, amputations, severe burns), compensation can extend to lifetime care, specialist equipment, accessible housing, and ongoing rehabilitation. These claims involve detailed life-care plans prepared by rehabilitation specialists and can reach into the millions of dollars.

Soul Legal’s Office and Service Area for Midland Residents

Soul Legal’s Perth CBD office at Level 2, 22 St Georges Terrace is approximately 15 minutes from Midland by car via Great Eastern Highway (traffic dependent) and accessible by Transperth bus and the Midland train line to Perth station.

Home and hospital visits are available across the Midland and eastern suburbs area for clients who can’t travel.

Suburbs served: Midland, Guildford, Hazelmere, Woodbridge, Bellevue, Helena Valley, Stratton, Middle Swan, Caversham, South Guildford, Bassendean, Bayswater, Midvale, Jane Brook, High Wycombe, and the broader Swan Valley and Perth Hills region.

The firm’s second office at 17 Baskerville Crescent, Baldivis serves Perth’s southern corridor.

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Frequently Asked Questions

Most frequent questions and answers

Who can make a personal injury claim in Western Australia?

Anyone who has suffered a physical or psychological injury due to another party’s negligence, a workplace incident, a motor vehicle accident, a criminal act, or a defective product may be eligible. This includes employees, drivers, passengers, cyclists, pedestrians, property visitors, and crime victims. Dependants of someone killed in a fatal accident may also claim. Soul Legal offers Midland residents a free claim consultation to determine whether a valid claim exists under WA law.

How much does a personal injury lawyer near Midland cost?

Soul Legal operates on a No Win No Fee basis. You pay no legal fees unless your claim is successful. Your initial claim consultation is completely free and confidential. If Soul Legal wins, fees are calculated as a percentage of the settlement. In many claims, the insurer or opposing party contributes to your legal costs, reducing what you pay further. There are no hidden charges and no upfront payments.

How long does a personal injury claim take in Western Australia?

Timelines vary with claim complexity, injury severity, and insurer cooperation. Straightforward motor vehicle or workers’ compensation claims may settle in 6 to 12 months. Complex matters involving catastrophic injuries or disputed liability can take 18 months to 3 years or longer. Soul Legal works to progress your Midland claim efficiently while pursuing maximum compensation.

Can I claim if the accident was partly my fault?

Yes. Under WA law, contributory negligence reduces your payout by your share of fault but does not eliminate your claim. For motor vehicle accidents through ICWA, partial fault does not automatically disqualify you. Soul Legal assesses your circumstances and advises how fault allocation affects your potential settlement.

What is the deadline for making a personal injury claim in WA?

Under the Limitation Act 2005 (WA), you generally have three years from when you first became aware of your injury to commence court proceedings. For children under 15, the limit extends to six years. Those aged 15–17 at the time of injury must file before turning 21. Missing these deadlines can permanently bar your claim. Soul Legal recommends seeking legal advice as early as possible.

What types of compensation can I receive?

Compensation in WA may cover medical and rehabilitation costs, lost wages and reduced earning capacity, pain and suffering, home care and support, vehicle and home modifications, and legal costs. The amount depends on injury type, severity, and life impact. Soul Legal’s Midland personal injury lawyers evaluate every category to pursue the maximum payout for your circumstances.

Will my personal injury claim go to court?

Most claims in WA settle through negotiation or at a pre-trial conference without a full court hearing. Soul Legal’s directors pursue fair settlements wherever possible. If an insurer refuses a reasonable offer, Soul Legal is prepared to litigate. Kevin Wong has taken matters to the Supreme Court and High Court of Australia, ensuring serious courtroom capability backs every claim.

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