Frequently Asked Questions About Injury Compensation in WA
Most frequent questions and answers
No legal fees are payable until the conclusion of your case. Soul Legal assists victims of injury on a “No Win – No Fee”* basis.
Upon the successful conclusion of your claim for damages Soul Legal will pursue “party and party” costs from the insurer. This should cover majority of your legal costs.
Any shortfall, otherwise known as “solicitor and client” costs are paid from the settlement proceeds. Usually this amount will not exceed 10% of the damages award.
Always give priority to your injuries by obtaining medical attention. Whilst the most significant injuries will be attended to by your treating doctors, remember to mention your lesser injuries and have them recorded. Some significant injuries can manifest themselves over time, and if their initial symptoms are not included in your medical record, the insurer may dispute that these were sustained in the accident.
In Western Australia, we recommend that that you complete an online crash report. You can also request a ‘Notice of Intention to Make a Claim Form’ direct from ICWA. You are expected to do so within 6 months of the date of the crash. However, if you have not done so this would not usually disqualify your claim as ICWA has an onus to establish prejudice to defeat your claim.
Engage a law firm that has the necessary reputation and proven traits to represent your interests.
Yes, provided that it can be established that a driver of a registered motor vehicle was at least partly at fault
In Western Australia, there is only one compulsory third party insurer, ICWA. If you have made due search and inquiry to ascertain the identity of the vehicle and have given ICWA a statement for the basis of your claim, you can still be compensated for your loss.
In addition to your motor vehicle accident claim, you may be eligible to make a Superannuation Total and Permanent Disability (“TPD”) benefit claim if you have been rendered totally unfit for work.
If you were previously injured at work or in a car accident and have already received a lump sum payment, this will not preclude you from receiving a further lump sum payment in a Superannuation TPD claim.






