Personal injury FAQs

 What is personal injury?

Personal injury is a term used to refer to physical or psychological harm or injury. Psychological or mental harm is sometimes referred to as "nervous shock". There are specific legal rules about what kind of psychological injury a person can claim damages for. Get legal advice.

There are different laws covering:

• work injuries
• injuries from motor vehicle accidents
• injuries suffered by victims of crime
• other personal injuries.

These laws set strict time limits and requirements for making a personal injury claim.

What are damages?

Damages is the term used for monetary compensation awarded to the injured person.

The aim of compensation is to put the injured person back, as far as possible, to the position they would have been in if they had not suffered the injury.

For some injuries there is specific legislation that awards compensation. For example, from injuries as a result of a criminal offence, and for work-related injuries.

Sometimes the person injured must seek compensation directly from the person who caused the injury. This may involve negotiation and settlement or starting a court action.

Many personal injury matters settle by agreement even after the court action has been commenced.

Are there limits on the amount of damages?

If the injury occurred after 1 January 2003 the law in Western Australia places limits on the amount of damages that can be awarded. For example, there is a restriction where your claim is for non-monetary (sometimes called pecuniary) damages. Non-monetary damages are for things like pain and suffering, loss of enjoyment of life. Get legal advice.

Do time limits apply?

Yes. These vary in different situations. Get legal advice about the time limits that apply in your case.

I think I may have a personal injury claim. What should I do?

If you think you may have a claim for personal injuries, you should get legal advice.

I have a personal injury claim and I have been offered a settlement. What should I do?

You should get legal advice before accepting an offer of settlement.

What if I have been exposed to asbestos?

The National Asbestos Exposure Register has been set up by the Australian Government. The register is designed to record information if you think you may have been exposed to materials containing asbestos including::

• your personal details
• details of the suspected asbestos exposure, including date, location, and description and
• details of diagnoses of asbestos-related disease/s.

This information may be used to contact you to provide information about asbestos safety and related activities and events and may be used for research purposes in a way that does not identify you.

If you think you may have been exposed to materials containing asbestos register your details online on the National Asbestos Exposure register website. You can find out more information on the Asbestos Safety and Eradication Agency website.

Last reviewed: 28 September 2022