Compensation Claims Case Studies

On 7 June 2013, the Plaintiff was a passenger in her son’s car. They were stopped at traffic lights when she heard a big bang and noticed the airbags blowing up. As a result of the accident, Ms X felt immediate pain in her right arm,neck and back and she felt like she needed to throw up. There was no blood but she felt that her head was extremely sore. An Ambulance and Police were called to the scene of the accident and she was conveyed by Ambulance to hospital where she was treated and then discharged the next day.

Our 55 year old client was most satisfied in completing a work injury damages claim for a round figure of $300,000.00 in what was a very highly contested work injury damages, common law claim.

Our client had a very uncomplicated pregnancy. At 41 weeks gestation she was admitted to her local hospital’s antenatal ward for post state induction of labour, as a result of low amniotic fluid volume. An intra-uterine catheter was inserted, and the trace reading was documented as normal. Our client was then transferred back to the antenatal ward for overnight observation.

This is a very interesting matter where our client was walking between her work and another store as she was leaving the premises of the shopping centre she walked through an area which was being cleaned by a cleaning company. Upon approaching the travelator area she noticed that the cleaner was cleaning. She carefully walked through the area the cleaner was cleaning and subsequently stepped onto the travelator on which she slipped heavily and suffered the injury to her lower back.

This case was extremely interesting as it involved a complex set of factual circumstances where our client‘s wife was the cleaner at a Local School. Due to her ill health she was unable to complete her duties as a cleaner. There were discussions that took place with the school as to allowing her husband to overtake her duties whilst she was unable to complete them. Discussions occurred between the principal and the husband and wife prior to work commencing.

This case involved a public liability slip and fall when our client attended premises for a massage. As part of the processes prior to the massage, the plaintiff was directed to the showers to have a shower prior to his massage. Prior to entering into the shower our client has slipped over a tiled surface and suffered significant injury due to there not being a mat in the location.

Whilst in the Food Court the Plaintiff went to purchase some food for her son. As she was proceeding towards a Take Away food outlet she slipped as a result of a puddle of clear liquid on the ground and thereby sustained a posterior and central disc protrusion to the L5/S1 level of her spine and an aggravation of pre-existing depression.

In this matter, the Plaintiff, Mrs Sim, was the widow of the late David Sim, an Asbestos Worker who contracted Asbestosis and subsequently lung cancer from which he died on 6 July 2009.

In late 2009, whilst at work, he received a telephone call from his family that a neighbouring vehicle had crashed into the family home.

In this matter, the Plaintiff attended the Defendant’s prestigious store for shopping. Whilst so engaged, the Plaintiff tripped and fell as a result of a torn rug on the Defendant’s business premises.

Our client was riding his motorcycle in Blacktown when he collided with a Motor Vehicle crossing his lane to access a side street. As a result of the accident our client suffered a broken leg, a soft tissue injury to his back and motorcycle was written off.

We have acted for numerous clients who trip in poorly maintained public and private carparks. In this particular case our client suffered an injury when she tripped in a car park owned by a company.

We recently represented a young lady who was involved in a motor vehicle accident in which her car was hit in the rear by another vehicle causing our client whiplash injuries and psychiatric injuries.

Our client was exiting an estate when a heavy door fell out of its frame and crushed a toe on her left foot. At the time, our client was only wearing normal work shoes, which did not provide adequate protection; as such, our client experienced a great amount of pain at the time of injury and her left toe was severely injured.

In 2010, our client was a pedestrian walking across the forecourt of a very popular theatre in Sydney when she tripped and fell on a curb that formed part of a road way on the forecourt. Our client felt immediate pain in her left ankle and right wrist. The pain had increased to such an extent that our client admitted herself into hospital that night.

On 14 February 2011, our client was moving into her new house after having signed a twelve month rental contract. She was walking down the front steps of the property when the bottom of her sandals got caught on a chipped concrete step, causing her to fall heavily onto the side of the concrete path below.

After being involved in a four car pile up and sustaining injuries to her neck, shoulders and knee, Mrs H contacted our office seeking advice in relation to her rights for compensation.

Whilst attending a wedding reception held on the first floor of the venue, our client was walking down stairs to go outside for some fresh air. As he negotiated the stairs our client tripped on the raised edged of one of the steps causing him to fall heavily. He reached out his right arm to break his fall and sustained an injury to his right shoulder which required a period of physiotherapy.

The Plaintiff in this matter attended a wedding reception in February 2010. Whilst at the wedding reception, the Plaintiff was required to walk between tables and chairs in order to reach the restroom when he fell as a result of a black protrusion which was jutting out from a platform on which the bridal table rested.

The Plaintiff in this matter attended upon the Defendant’s premises as a lawful entrant. Upon exiting the external stair case on December 2009 at approximately 8.00pm, the Plaintiff fell due to insufficient lighting and thereby sustained injuries and damages.

We recently acted on behalf of a “Long haul” Interstate Truck Driver who sustained an injury in a motor cycle accident.

The Plaintiff in this matter was a pedestrian who at the time of impact was engaged in work. The Plaintiff was crossing a busy road having just purchased a coffee. As the traffic signal was red, the Plaintiff commenced to walk across the road when he was struck by the vehicle driven by the Defendant in October 2009.

Our very hard working and well motivated client had a deserved outcome to his Common Law negligent claim for possible future loss of earnings. He had sustained injuries during the course of his employment in late November 2009 and though not a young individual, we were able to show that his future earnings will be affected as a result of the injuries sustained.

Our client attended hospital on 25 March 2009 to undergo a planned right knee replacement. The surgery went as planned and she was recovering as expected. 2 days later, at 2:00am in the morning our client was awoken and needed to go to the toilet. She noticed that the guard on her bed was down. She tried to attract the attention of 3 nurses at the nursing station but no-one would turn or respond to her calls. The call bell was on the left hand side on a cupboard which was too far back so she was unable to reach it. The usual position for the call devices is in a position where it is an easy reach for a patient for such circumstances as this or any other emergency needed from the patients. Our client had just had a major operation and her ability was effected and required assistance if she needed to go to the bathroom.

Mr A in August, 2008 as per usual got up in the morning for his drive along the M4 to go to work. Without warning or notice, the vehicles in front of him started to slow down. He also slowed down but the vehicle behind him failed to stop and at speed collided violently into the rear of Mr A’s car resulting in a domino effect.

Ms X attended a shopping centre in the Hills region for the purpose of carrying out some shopping with her family. She arrived at the shopping centre shortly after 5.30 p.m. for the purpose of carrying out some late minute shopping. As she was walking along the common area between the various shops, unbeknownst to her there had been a seepage of water that had flowed out into the walkway area. She slipped and fell heavily on her right hand side sustaining significant injury to her shoulder.

Our client was a passenger in a motor vehicle being driven by a family member along Woodville Road, in the State of New South Wales on 3 April 2011.

The Plaintiff, Our client was a truck driver employed by a trucking company. His duties were to drive his truck and pick up crates and drop off the empty pallets to his company’s base in Seven Hills.

Our 67-year old client had a fall down stairs in a small retail complex when she slipped on a broken step.

Our 77-year old client tripped over a white mat which had been folded in half and placed on a white tiled floor in a major furniture and homeware store.

We recently represented a lady who attended a major Club to play at the Electronic Poker Machines.

A recent decision by the Supreme Court of New South Wales saw a gentleman (Mr Luis Almario) receive almost $365,000 in compensation after being diagnosed with terminal liver cancer in 2011.

The plaintiff in this case was employed as a radiographer with some background knowledge to how scans should be read and interpreted. On a date in 2010 the plaintiff fell and injured his left foot requiring surgery by the specialist (defendant). There was no criticism by the plaintiff of the surgery itself but the negligence lay in the post operative care.

Whilst walking home, the Plaintiff fell as a result of a pit cover which was broken, uneven and not level with the surrounding footpath.

Our client is a young and very motivated worker who had sustained a very serious back injury during the course of his employment with his employer in mid January 2009. The injury was so significant he required to undergo surgery which took place in May 2009. Even though his injury had not yet stabilised, he contacted our office for assistance in mid October 2009, being 9 months after the injury and only 5 months following surgery.

Our client had sustained serious injuries during the course of his employment as a mechanic with a reputable car retailer in the Highlands. The injury sustained was a long time ago being in April 2001.

On 26 September 2008, he was in the process of making a delivery. He attempted to cross the road whilst pushing a trolley between two parked cars and was struck by a vehicle. As a result of the collision, he was thrown up into the air and landed on the opposite side of the road resulting in him being struck by another vehicle. As a result of the accident he sustained significant injuries including a traumatic brain injury. Police and Ambulance were called and he was conveyed to Liverpool Hospital where he was admitted and treated.

Our client contracted Mesothelionma as a result of being exposed to dust particles during the building renovations at her home. The building works were conducted by her husband. Our client’s husband purchased asbestos fibro from a manufacturer intended to be used in the building of her home. A large amount of dust emanated from the fibro purchased when her husband, handled, cut, sawed and hammered the material.

Our client was shopping at a shopping centre in the Manchester section. In the centre of the manchester section, there was a display of three separate shelves holding bed sheets. Our client, while looking through the bottom shelf, was hit on the head by falling bed linen located on the top shelf, as the shelf was not secured and the bed linen was poorly stacked.

Our client’s hand was significantly injured while emptying the toilet of the caravan into a pit. Whilst our client was attempting to close the lid, the lid was unexpectedly heavy and she was unable to control. The lid quickly fell and caught her hand pulling her to the ground causing her significant injuries.

The Plaintiff attended the Defendant’s Club for the purpose of having dinner with her friend. In the process of retrieving her meal, the Plaintiff slipped & fell as a result of grease on the floor, she thereby sustained a comminuted fracture of the left patella.

On the date of the subject accident, the Plaintiff had attended a Hotel with some girlfriends. During the course of the night, the Plaintiff was on the dance floor and whilst dancing slipped over as a result of some ice which was on the floor.

Our client attended hospital after slipping over and dislocating his elbow. The doctor at the hospital that he attended upon did not arrange for any x-rays to be performed and our client was not assessed properly, instead, negligently the doctor attempted to put the plaintiff’s elbow back into place. The plaintiff was discharged and then sent home with some sedation and analgesic medication.

On 12 April 2011 the plaintiff and her partner were walking in an easterly direction along Coward Street, Botany on a northern footpath. The footpath surface was comprised of brick pavers. The plaintiff tripped and fell heavily, fracturing her right wrist, chipping her tooth and bruising her face.

On 4 June 2011 the plaintiff noticed symptoms of pregnancy and so, on 8 June 2011, she attended the outpatient’s clinic at a hospital. There, the plaintiff consulted a registrar who performed an ultrasound. The ultrasound confirmed the presence of a mass (17 x 19 x 31mm) on the left annexa and also showed there was fluid noted in the Pouch of Douglas. This was confirmed by a Professor at the hospital. Despite the plaintiff being asymptomatic for ectopic pregnancy (ie no pelvic pain or vaginal bleeding), the employees of the hospital concluded that the ultrasound findings suggested a diagnosis of repeat ectopic pregnancy.

We acted for a client who was injured in June 2009 when she missed an obscured step-down into the poker machine room at a hotel and as a result tripped and fell sustaining serious injuries.

Our client was a high school student attending a supervised excursion organised by the school. The activity involved some elements of gardening and the student was directed to dig up a Yucca plant. However in attempting to undertake this activity, a spiky tip of the leaf struck the student in the left eye and as a result he suffered an injury which caused partial visual impairment.

We acted for a client who was injured on 18 November 2010 when as he was driving home he was blinded by the high beams of an oncoming vehicle. As a result he lost control of his own vehicle, mounted the median strip and jolted several times as his vehicle bounced on the concrete median strip.

We acted for a client who was injured in June 2009 when he parked his Australia Post van on Main Street in Newcastle in order to make a delivery. As he was in the process of making the delivery a thief jumped into his van and attempted to steal it. The Plaintiff having noticed the thief attempting to steal his van dropped his trolley and ran back to the van. The Plaintiff stood in front of the van in an effort to try to stop the thief from driving away however, the thief accelerated and swerved the van colliding into our client knocking him to the ground.

On 1 July 2008 our client was involved in a Motor Vehicle Accident whilst at work. The client sought advice from Gerard Malouf and Partners on 27 January 2011 some two and a half years after the accident.

Our client had sustained a very serious injury during the course of her employment when she had slipped on very slippery wet surface at her employer’s premises causing severe injury to her left shoulder. Subsequent to the injury, she was required to undergo various surgical procedures in repair of the injured shoulder.

We acted for a client who was injured in May 2009 when he was a patron at a hotel and he was assaulted by other patrons causing him injury, loss and damage.

$40,000 Judgement for Young Girl Burnt from Hairdresser Applying Colour Foils

In late 2010 our client, a guest at a holiday resort, slipped on a wet carpet entrance leading into the resort from the carpark.

Our client, a young mother of two, slipped on water at a leading Australian supermarket’s Deli counter. Junior staff members behind the deli counter were cleaning and water had leaked through to the front of the deli counter where our customer was standing.

We acted for a Plaintiff who was injured on his way to work whilst riding his bicycle. The Plaintiff was on route to his place of employment when as he rode along a busy street, the Defendant opened the drivers door of her vehicle, directly in line of travel with the Plaintiff’s bicycle and a collision occurred.

Our client was employed as an accountant and was required to perform duties involving extensive data entry and filing. Our client would be required to file anywhere up to 2 hours in a single day which involved repetitive overhead filing to reach the shelves located above shoulder height. As a result of these duties, she developed an injury to her right shoulder which later required surgery.

Our client suffered extreme pain and discomfort due to an internal infected wound caused by her gynaecologist using the incorrect type of mesh in performing bladder repair surgery. Our young client has required further surgery to treat the infected wound.

Our client suffered severe pain and discomfort and required further surgery as a result of a severe infection following Gastric Plication surgery.

On that day, it was bright and sunny and at about 10:00 am he was attempting to cross the intersection at the Boulevard in Punchbowl. He waited on the traffic light until the signal turned green indicating to him that he could cross. As he was nearing the other side of the road the Defendant failed to stop and collided into his left side, knocking him to the ground.

Our client decided to do some last minute shopping before the Christmas vacation period. She had gone into her local supermarket for the purpose of doing some shopping and on her way out saw a display of other Christmas items and proceeded to make her way to them. As she walked past a cold drink vending machine, she slipped and fell heavily to the ground. She sustained a significant injury to the back. At the time she was embarrassed, reported it to the staff but decided to go home. She then returned to report it and an incident report form was completed.

We acted for a Plaintiff who received very poor management and treatment by a Dentist in her local town. Unfortunately, the Defendant Dentist would not provide any clinical notes, however we were able to successfully obtain a report from her current Dentist, detailing the poor management and work done by the Defendant Dentist.

At Approximately 10.00 am on the morning of our clients injury, while he was picking up a delivery from a small factory, he backed his truck into the driveway and as he was walking down the driveway to the factory, he suddenly without warning was hit from behind. The hit was so intense he fell forward and had his chin ricocheted off the concrete while the back wheels of the vehicle went over his right foot and stopped over his foot. The Ambulance was called to the scene and he was taken to a local Hospital where x-rays were taken and surgery performed.

Our client, the claimant in the proceedings, attended the offices of Gerard Malouf and Partners on 27 January 2011 and provided instructions to Mr Garbis Kolokossian about a Motor Vehicle Accident he was involved in on 1 July 2008.

We acted for a patron who was injured when she fell backwards off a raised platform when attempting to sit at a coffee shop table.

On a date in late 2009, the Plaintiff was mustering cattle on the Defendant’s property when his horse tripped over a fence which had collapsed and become obscured by long grass, causing the Plaintiff to fall from his horse.

Our client also suffered Aphasia (inability to speak) a symptom which is known to occur in a stroke. However he was only offered Thrombolysis therapy after the three hour window of him suffering the stroke had lapsed.

Our client suffered Erb’s Palsy laso known as Erb–Duchenne palsy due to shoulder dystocia in her right arm during her birth delivery. Our young Aboriginal client has suffered a lifetime to her detriment due to the damage caused by her birth delivery.

In 2010 while our client was shopping for a father’s day gift for her husband, she slipped on a puddle of water at a shopping centre in South Western Sydney.

The Plaintiff in this matter is a registered nurse who was on her way to work. She had stayed overnight at her friend’s house and, in the process of walking down the Defendant’s steep pebblecrete driveway, the Plaintiff fell as a result of the driveway being slippery due to rain and sap from a nearby tree.

Our client conducted her classes in rented facilities at a local motel and also resided there as the location was in a different town from where she lived and traveling daily was too difficult. Over that period of time she had complained to the owner of the motel about the lack of security, in particular the faulty locks on the windows and the positioning of the safety latch on the door of her room.

The deceased had sustained injuries in consecutive years during the course of his employment with the employer. The first injury had occurred in October 2000 and thereafter further injuries in February 2001 and January 2002. Resulting from these injuries, the deceased developed infections and poor blood circulation at the injured site of the toes and feet.

Mrs X was involved in a Motor Vehicle Accident on 30 April 2009. At the time she was the driver of a Holden Astra. The vehicle was fitted with a head restraint and she was wearing her seatbelt.

We acted for a tenant who was injured on 12 May 2008 when she tripped in the backyard of premises she rented.

We recently had occasion to act on behalf of a middle aged woman who was living in rented accommodation in the Southern Highlands area of New South Wales.

In 2009, our client being a 33 year old female suffered an injury at home as a result of a toilet cistern collapsing on top of her foot. Consequently, she was admitted into a public hospital where she was examined and received general treatment such as an initial review, tetanus shot, antibiotics and stitches.

Our client had previously seen other solicitors and claims were lodged on my client’s behalf but were returned unsuccessfully.

An example of settling public liability claims utilising the GMP FAST-TRACK Resolution Policy. We recently acted for Ms K who lived in the Northern Suburbs and who visited one of the major supermarket stores to carry out some shopping. It was the festive time of the year and the stores were very busy

Mrs S was injured on 20 April 2008. on that day she was in the backyard feeding her cat. As she was about to walk back into the house a wooden sleeper collapsed landing onto her foot causing her a crush injury to the left ankle. She was taken to Campbelltown hospital where she was treated, admitted and discharged after two weeks.

Mr AWS attended a shopping centre for the purposes of undertaking his general grocery shopping.

The Plaintiff in this matter is a 67 year old man. He attended a Hospital where he was required to stay overnight after a check up and adjustment to his pacemaker. As he proceeded down the stairs into his cottage, due to insufficient lighting and dark shadows he fell.

Ms C suffered from nervous shock arising from the death of her mother in a horrific motor vehicle accident. On the 7th February 2009 Ms C received a phone call from her aunt that a vehicle collided with her Mum’s car. A vehicle had crossed into the incorrect side of the road and impacted heavily with her Mum’s white Honda Civic.

Miss N was a passenger is a motor vehicle being driven by her mother in New South Wales, when another vehicle failed to stop causing it to collide heavily into the rear of their vehicle.

The Plaintiff is this matter is an 81 year old man who attended the Stanhope Gardens Shopping Centre on 18 March, 2009. Upon exiting a corridor and entering the main common area, the Plaintiff was struck to the ground by an Australia Post trolley laden with goods which was being pushed by an Australia Post employee.