Many people receive injuries in their youth however, does this restrict them from seeking accident compensation, if they believe another has breached their duty of care?
A case heard by the District Court of New South Wales earlier this year has shown that injuries sustained as a child that persevere into adult life can be the basis for the courts awarding damages.
Childhood motor vehicle accident and contemporary compensation
Back in 2008, the plaintiff was injured in a motor vehicle accident. At the time he was 11 years of age, however, as he turned 19 he continued court proceedings.
The accident occurred at an intersection while the plaintiff was a passenger driven by his mother. The young man argued that the defendant was at fault. The defendant agreed he breached his duty of care as he was intoxicated, speeding and failed to give way at an intersection.
Due to the accident, the plaintiff was ejected from the car and landed on a grass area. The plaintiff sustained a serious injury to his left leg, which has been the primary cause of his continuing medical condition. After the accident, the plaintiff underwent surgery and was confined to a wheelchair for nearly 12 months.
As a result of the injuries and the defendant's admittance of a breach of care, the plaintiff was awarded $608,305.53, with the majority of this for non-economic and future economic loss.
Seeking compensation early
The case is an important example of the relationship between seeking compensation and time limitations. While there is no restriction on when you seek compensation, it is important to talk to an experienced injury compensation lawyer as soon as possible after the incident.
During the trial, the plaintiff was unable to recall a number of key specifics surrounding his use of a seatbelt. While, in this case, the claim of contributory negligence failed, this was only because of the age of the plaintiff at the time.
In other instances, this could lead to a significant decrease in the amount of compensation you receive. However, if you seek a lawyer immediately, the likelihood of recalling the events in more detail increases considerably.
If you would like to know more, talk to the experts at Gerard Malouf and Partners.