Who’s eligible to claim catastrophic injury compensation?
If you’ve suffered a serious injury or catastrophic injury because of an accident in Western Australia, you may be eligible to claim personal injuries compensation. At a challenging time, Stephen Browne’s local catastrophic injury lawyers can help you navigate the legal process and help get you the best possible compensation outcome, including if you were injured:
What personal injuries compensation can I claim?
A serious injury or catastrophic injury can be life-changing for you and your loved ones. Strict time limits apply for making a personal injuries compensation claim, following your motor vehicle accident. The compensation you could be eligible to claim depends on the:
You may be able to claim personal injuries compensation for loss including:
Loss of earnings
Medical costs
The cost of a carer
Pain and suffering
Catastrophic Injuries
ICWA’s Support Scheme (CISS)
The Catastrophic Injury Support Scheme (CISS) is a no-fault program in WA that provides eligible people with the treatment, care and support they need after a life-changing injury. The injury must be deemed as catastrophic by definition in the regulations. If your injury meets the criteria, you may be entitled to funding for care and treatment through the Insurance Commission’s scheme. You will not be entitled to recover other damages under the common law (such as pain and suffering, loss of earnings, travelling expenses) unless you can show that your injuries were caused by the negligence of another driver.
Common law damages
If you’ve been seriously or catastrophically injured in a motor vehicle accident in Western Australia, you may be eligible for funding for supports through the CISS scheme, but you will also be entitled to additional compensation for damages such as loss of earnings, pain and suffering and other loss. You must, however, be able to prove fault (even in part) by another vehicle. When a person suffers injuries, especially serious or catastrophic injuries, it is important to seek legal advice to properly determine your rights and entitlements. Full eligibility guidelines can be accessed here.