The Insurance Commission of Western Australia pays millions of dollars in compensation to people injured in motor vehicle accidents on WA roads every year. The Commission reports that in 2020 over 12,000 people made injury insurance claims, of whom 184 were catastrophically injured. An injury being classed as ‘catastrophic’ enables provisions to be made for the victim to participate in the Catastrophic Injuries Support Scheme (CISS). Aside from having an immense impact on every other aspect of an individual’s life (and that of their loved ones), the costs associated with caring for a person with a catastrophic injury can be exorbitant. The CISS aims to alleviate the financial stress of catastrophic injuries by providing for the injured person’s lifetime care and support.
As a leading WA law firm in car accident injury compensation claims, Car Accident Lawyers Perth are well versed on what constitutes a catastrophic injury for the purposes of claiming the appropriate level of compensation. Legislation clearly outlines the types of injuries that will enable a person to be covered by the CISS. So what counts as a catastrophic injury? If you’ve suffered any of the following, you may be entitled to participate in the Catastrophic Injuries Support Scheme:
- Spinal cord injury.
- Traumatic brain injury.
- Amputation as a result of an injury.
- Permanent blindness.
There are sub-criteria within each of the above injury types, so Car Accident Lawyers Perth always recommend a no-obligation initial consultation to determine if a claim in this area will be successful.
General claims to the Insurance Commission of Western Australia typically require that the claimant can establish that another driver was at fault or that the claimant was only partly at fault for the accident. Car Accident Lawyers Perth successfully advocates for catastrophically injured road users, even where it is not possible to establish that another driver was at fault. Section 3FB(3) of the Motor Vehicle (Third Party Insurance) Act 1943 (WA) provides the following:
“In determining the amount of damages, no deduction is to be made for any contributory negligence of the person in relation to the catastrophic injury to which the damages relate”.
This means that even where it is determined that the injured person failed to take reasonable care for their own safety, they will not be penalised by way of discounted damages being awarded.
Car Accident Lawyers Perth take a different approach to car accident injury claims. They understand that if you or a loved one have been injured (catastrophically or otherwise) in a car accident, your life has likely taken a very abrupt turn into unknown territory. They also understand that due to your injury, leaving the house may be difficult. If you have ongoing appointments for treatment related to your injury, you may also be unable to attend a solicitor’s office during business hours. That’s why they offer late appointments – they will even travel to you! With a 100 % success rate, it’s no wonder they are leading lawyers in motor vehicle accident injury compensation claims. Contact them today to discuss your claim.
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