$500,000 Settlement Following Nerve Damage From Varicose Veins Treatment
Case Overview Our client presented to a vascular surgeon, seeking treatment of her varicose veins in her right leg. Following the surgeon’s recommendation, our client
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Our client was a motorcycle rider driving along the main highway. He was driving in the inside lane when the oncoming vehicle coming from the opposite direction executed an illegal right-hand turn into a side street and collected our client. Our client impacted into the front left corner of the car and was propelled onto the windscreen and then onto the street. He was immediately taken to the hospital.
He suffered serious injuries to his shoulder, scapula, pelvis, hip, ankle all on the right side with his right shoulder fractured. He also had various cuts, abrasions, trauma, and shock. He needed to undergo surgery on his right shoulder after undergoing a stabilisation procedure.
Gerard Malouf and Partners lodged a motor vehicle claim against the insurer of the vehicle at fault. After receiving the police report and obtaining statements from our client and the other driver, the insurer admitted to breach of duty of care on behalf of their insured driver. In other words, they found him totally at fault for the accident. Our client took some time for his condition to stabilise after his surgery. After his condition had stabilised, we arranged for him to be independently medically examined and assessed.
Our provided the insurer with full particulars of our client’s claim for non-economic loss, permanent impairment pain and suffering, out-of-pocket expenses, future treatment expenses, loss of wages, loss of superannuation, and domestic care and assistance. The insurer also arranged for him to be medically examined and assessed by its doctors. They also determined that our client was suffering from significant permanent impairment as a result of his injuries and continuing disabilities arising from the accident.
The parties were ordered into a mediation hearing to determine the damages and compensation to be awarded to a client as a result of the negligence of the insured driver. The insurer was ordered, and they agreed to pay the amount of $110,000 damages by way of compensation to our client as a result of his injuries and permanent disabilities arising from the accident.
There are several steps you should take following a motor accident before worrying about liability. First and foremost is ensuring that you, the other driver and any passengers you both have are safe. Immediately call 000 for emergency services if necessary, and apply first aid care if you know how. Move the vehicles off the shoulder if the accident is blocking the roadway and it’s possible to do so.
In the ACT, a claim is made up of three stages:
Under the Motor Accident Insurance Commission CTP Scheme, the injured party must be able to establish the insured driver acted negligently.
In addition to establishing negligence, for an injured party to bring a claim to court, they must have:
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