Personal Injury

We have represented clients in a diverse variety of personal injury claims including motor vehicle accident claims, workers’ compensation claims, criminal injuries compensation claims, public liability claims, trespass and medical negligence claims.

Director David Kirchner has had over 20 years’ experience in law and personal experience and particular interest in spinal damage claims. The majority of David’s work comes from personal referrals, due to his high success rate and exceptional client service.

Our priorities for helping you:
  • Get the maximum compensation you deserve;
  • Ascertaining what the long term implications of your injury are on your employment and personal life, for example:
    • Loss or effect of employment
    • Pain & suffering
    • Voluntary assistance (such as assistance with home duties)
    • Past and future Medical expenses

 

Frequently Asked Questions

I have made a claim and been offered a settlement, what should I do?
Before accepting the offer, please contact our offices and seek advice in relation to your rights and options for settlement.  You might be pleasantly surprised as to how inexpensive it can be to improve your “in the pocket” outcomes.

Do time limits apply?
Yes. The time limits vary depending on the situation. In most cases, legal proceedings must be commenced within 3 years to preserve the claim. However even a minor delay can affect the quality of the evidence and thus we suggest that you take advice promptly.

How long do I have to wait to commence a claim?
Early advice about your entitlements, and the types of evidence required to “prove” your claim can have a substantial impact on the speed and amount of any settlement. It is best to negotiate your claim when your injuries have sufficiently settled so a long-term prognosis can be given.

Finalising your claim prematurely may not fully compensate you for any long-term effects of the injuries or the possible loss of future income. On average claims, are finalised fourteen to thirty months following the date of injury.

The following will be considered in your claim:

  • Regular contact with your doctor. The compensation that you will ultimately receive will largely depend on the quality of the medical evidence contained in the medical reports from your treating doctors and specialists. It is therefore important that when you visit your doctor or specialist you carefully outline the effect that the injuries and symptoms are having on your social, domestic, sporting, vocational, recreational and sexual activities. It is also important that you describe with precision what your injuries and symptoms are.
  • Pain and Suffering
  • Loss of Enjoyment of Life and Loss of Amenities of Life
  • Effect on Employment (Economic Loss). If the injuries have resulted in you losing income or have diminished your capacity for gainful employment, you can claim compensation for this. It is very important you keep accurate, detailed records of any lost income.
  • Voluntary Assistance (Gratuitous Services). The injuries you have suffered may require others to do the housework that you ordinarily did or family members to assist you to get to and from medical and other appointments. If so, you may be entitled to claim a reasonable sum to reimburse those people who have helped you or cared for you.
  • Travel Expenses: You are entitled to claim up to approximately 50c/km for every kilometre you travel in obtaining medical treatment for your accident related injuries. It is important you keep a diary or logbook of your travel so you can seek reimbursement. If you take public transport keep receipts so a reimbursement of these travel expenses can be sought
  • It is imperative you keep accurate, detailed records throughout the duration of your claim.

What about fees?
Templar Legal’s fees for personal injury matters are typically deferred until the conclusion of your claim. In most cases, if we are unable to get compensation for your injuries, there will be no legal fees charged.

Note that upon the finalisation of your claim the Insurance Commission of WA or negligent party will usually contribute a substantial portion of your legal costs. Detailed estimates of our fees would be given in your initial interview and as the matter progresses.

What about medical expenses?
If your injury was caused by the negligence of another person and the Insurance Commission of WA, or another insurer has admitted liability on the part of that person, it will pay in full all of your necessary medical expenses.

What about Medicare?
When the Insurance Commission of WA, or other insurer, provides you with a reference number you should quote that reference or claim number to all of your health providers with instructions that they forward their account directly to the insured for payment. Theoretically, none of your treatment including pharmaceutical purchases should be billed to Medicare if liability is admitted. If for any reason some of your treatment relating to injuries you received in the motor vehicle accident has been billed to Medicare, Medicare has the right to recover that amount from you. Fortunately, most insurers will usually reimburse you for what you have to pay to Medicare.

What if I have received Centrelink?
If your compensation includes a component for economic loss (lost income) whether past or future and you have been in receipt of any Centrelink payments since the date of the injury, you may have to make a reimbursement to Centrelink. The amount that you will have to reimburse to Centrelink will depend upon the component for economic loss contained in your compensation.

Any reimbursement you are to make to Centrelink must be deducted by the Insurer and sent directly to Centrelink prior to you receiving your compensation. At the time of finalisation of your claim we will provide you with an estimate of how much will need to be reimbursed to Centrelink.

 

Medical staff workingBroken car on road in winter; crash accident