Judgment in favour of plaintiff following motor vehicle incident

Date:Jan 24, 2019

In court where a defendant admits liability, problems can still arise. In a case recently brought before the NSW District Court, the defendant disputed the extent of the plaintiff's injuries that arose from a motor vehicle collision and therefore the amount she was owed.

But what did the court decide?

What happened in the motor vehicle accident? 

The motor vehicle accident occurred on 27 May, 2014. The plaintiff was completing various drop offs as part of her job when the defendant's car collided with the rear of her vehicle. Neither car was badly impacted, however the plaintiff's work vehicle was not properly driveable after the incident due to issues with a tyre. The defendant admitted liability for the events.

Following the incident, the plaintiff attended the emergency department but due to long delays, she saw her general practitioner instead. Here, it was noted that she had pain in her hip and neck and was suffering with stress from the collision. The plaintiff continued to see her doctor in the two years following the motor vehicle accident. She also regularly saw a psychologist.

What was the plaintiff's medical condition prior to the incident?

At the time of the incident, the plaintiff worked long hours as a midwife. She also got very stressed and struggled to keep up with the demands of the job. This was noted in reports obtained from psychologists she had seen prior to the incident.

Following the incident, the plaintiff returned to work, but due to pressures within her job, she reduced her working hours to four days a week. However, the ongoing stress she encountered from the incident led her to reduce this further to just two days a week. Ultimately, after being threatened at work by a colleague and the pressure of such, she later resigned.

What did the court decide?

Upon deciding the extent of damages the plaintiff was eligible to receive, the court had to determine how much the motor vehicle accident had contributed to her physical and psychological issues. Although she had experienced a great deal of stress prior, they concluded that the injuries she sustained following the incident were responsible for the reduction in her work hours.

They therefore ruled in the plaintiff's favour , with the settlement amount to be decided for a later date.

If you've sustained physical and/or psychological injuries from a motor vehicle accident, you too may be eligible to receive compensation. Get in touch with the motor vehicle accident lawyers at Gerard Malouf & Partners to see how we can help you submit a claim. 

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