Workers compensation and car accident claims for Baldivis and the southern suburbs. You pay no legal fees unless your claim succeeds. And you deal with a qualified lawyer, not a case manager.
Soul Legal has acted for injured Western Australians for more than 30 years, with a local office at 17 Baskerville Crescent, Baldivis. Directors Kevin Wong and Rebecca Sorgiovanni have practised personal injury law since 1991 and 1997. Your first consultation is free, and we explain your costs in writing before you commit to anything.
No win, no fee means you don’t pay Soul Legal’s professional fees unless your claim succeeds. If it doesn’t succeed, you don’t pay those fees. That’s the part every law firm page tells you. Here’s the rest, because in Western Australia the detail decides how much of your settlement you keep.
On a successful claim, most of our legal costs are recovered from the other side. When we settle or win, the majority of our fees are usually paid by the defendant or their insurer as party-and-party costs. Any gap between what we recover and our full fee comes out of your settlement at the end. At Soul Legal that shortfall is usually no more than 10% of your damages.
You can still owe disbursements, even on no win, no fee. Disbursements are the out-of-pocket costs a claim runs up along the way: medical reports, specialist opinions, barrister fees, court fees. These sit separately from our professional fees. Soul Legal is on the Legal Aid Panel, and Legal Aid usually covers disbursements for clients who can’t afford them in meritorious claims. Ask any firm you speak to whether they fund disbursements and recover them on success, or whether you stay liable for them if the claim fails. The answer changes your real risk.
Two WA rules most pages never mention. A lawyer in WA cannot charge you a contingency fee, meaning a straight percentage of your compensation. That arrangement is prohibited. On a no win, no fee deal, a lawyer’s fees can be up to 25% higher than their normal rates, because they carry the risk of not being paid. And for a motor injury claim, a lawyer cannot charge you more than the scale set by the Legal Costs Committee. (Source: Insurance Commission of WA.)
Check how your agreement defines a “win.” Under ICWA’s own guidance, a “win” can be a pre-litigation settlement, even one that is much less than you hoped for. So the definition of “win” in your costs agreement matters. Read it, and make sure it’s in writing. We go through ours with you line by line at the first meeting.
Do you even need a lawyer? An honest answer
For a straightforward motor injury claim, you can deal with ICWA directly and may not need a lawyer at all. ICWA says so on its own website. We’d rather you knew that up front than paid for help you didn’t need.
A lawyer earns their fee when your claim is not straightforward. That usually means one of these:
If your situation is on that list, the cost of getting it wrong is usually far higher than the cost of advice. If it isn’t, we’ll tell you that too.
Before you sign a costs agreement with any WA injury lawyer, ask these five questions. We built this checklist from the gaps in the official ICWA guidance and the questions injured people most often wish they’d asked. The firm that answers all five clearly, without dodging, is the one worth hiring.
How Soul Legal answers, in short: disbursements are usually covered through our Legal Aid Panel membership for clients who can’t fund them; we set out any uplift and a costs estimate in writing before you commit; we define “win” with you at the first meeting; we have trial experience and will run a matter when an offer doesn’t reflect your injuries; and we work ICWA and WorkCover claims daily from the Baldivis office.
What you do in the first week affects what you can claim later. The two most common mistakes are trying to tough out an injury without seeing a doctor, and waiting too long to start the claim. Late medical records and late notice both give an insurer room to dispute you.
If you were in a car accident:
If you were injured at work:
One Soul Legal tip most firms won’t give you: we usually suggest you don’t sign ICWA’s Medical Authority form before speaking to a lawyer. That form lets the insurer access your full medical history, including records from before your accident. Talk to us first, so you understand what you’re authorising.
Most claims settle by negotiation, not in court. Timing depends almost entirely on your injuries, not on us.
We don’t settle a serious claim before your injuries have stabilised, because that’s the only point at which your future losses can be assessed properly. For serious injuries, that often takes a year or more. Where you still have surgery ahead, or the long-term prognosis is unclear, it takes longer. A minor injury with clear liability can resolve faster.
We won’t rush to close your file. Settling early, before the full picture is known, is one of the quickest ways to leave money on the table.
In WA you generally have three years from the date of the accident to start court proceedings on a motor injury claim. Miss that window and you can lose the claim entirely.
These deadlines are real, and they’re the one genuine reason not to wait. If you’re close to any limit, get advice now.
NO WIN – NO FEE*
Your First Consultation Is Free
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Why people choose Soul Legal
You work directly with a qualified lawyer from start to finish. We don’t pass the decisions on your case to paralegals or administrative staff.
If any of these sound like you, get advice early. Delay is the thing most likely to weaken a claim.
Baldivis sits in a fast-growing corridor south of Perth, with the Rockingham courts close by and Mandurah only 15 to 20 minutes away. We work these local schemes and courts regularly, which is part of why a local office beats a city-only firm for many southern-suburbs claims.
CONTACT SOUL LEGAL PERSONAL INJURY LAWYERS TODAY
Receive an Obligation Free Claim Assessment within 24 hours
NO WIN – NO FEE*
Your First Consultation Is Free
CALL TO BOOK AN APPOINTMENT
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 hundreds of successful claims totalling millions in compensation awards
Trusted By Local Government Workers
Soul Legal is trusted by the Local Government Racing and Cemeteries Employees Union established 1903
Soul Legal is Perth’s Leading Personal Injury Compensation Law Firm
How does no win, no fee actually work, and will I really pay nothing if I lose?
You don’t pay Soul Legal’s professional fees unless your claim succeeds. On a successful claim, most of our costs are recovered from the other side, and any shortfall, usually no more than 10% of your damages, comes from your settlement. If the claim fails, you don’t pay our professional fees. You can still be responsible for disbursements such as medical reports and court fees, though our Legal Aid Panel membership usually covers these for clients who can’t afford them in meritorious claims. Always get the full cost position in writing.
Can I just deal with ICWA myself?
For a straightforward motor injury claim, yes. ICWA states that in most cases you can claim and deal with it directly. A lawyer becomes worth it when fault is disputed, your injuries are serious or uncertain, the offer looks low, or the claim involves a child or a person with a disability, where court approval of a settlement is required.
Can a lawyer take a percentage of my compensation in WA?
No. Contingency fees, where a lawyer charges a percentage of your settlement, are prohibited in Western Australia. On a no win, no fee arrangement a lawyer’s fees can be up to 25% above their normal rates, and for a motor injury claim they cannot charge more than the Legal Costs Committee scale. (Source: ICWA.)
What are the time limits for a claim in WA?
For a motor vehicle claim, lodge your Notice of Intention to Make a Claim with ICWA as soon as practicable, and start court proceedings within three years of the accident date. For workers compensation, report and lodge as soon as practicable. Different rules apply to minors, and extensions are sometimes possible. Don’t rely on an extension; get advice early.
Can I still claim if I was partly at fault?
Often, yes. For motor vehicle claims, if another driver was at least partly at fault you can usually claim, with the amount reduced in proportion to your share of fault. Workers compensation doesn’t require you to prove fault at all. Public liability claims need the other party’s negligence established, with possible reductions for your own contribution.
How much could disbursements add up to?
It varies with how many specialist reports, scans, or barrister opinions a claim needs. Some stay modest; complex claims run higher. Ask for a realistic estimate early, and ask whether the firm funds them and recovers on success. Through our Legal Aid Panel membership we can usually arrange cover for clients who can’t fund disbursements themselves.
How long will my claim take?
Most claims settle by negotiation rather than in court. A minor injury with clear liability can settle within several months. Serious injuries take longer, often a year or more, because we wait until your condition stabilises before valuing your future losses. Rushing usually costs you money.
