Car Passenger Receives $95,000.00 for Aggravation to his Lower Back

Published 18 Mar 2013

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.

As the driver of the vehicle attempted to make a left hand turn into his driveway a vehicle that was travelling behind them collided into the right rear hand side of the vehicle causing it to spin around.

The matter was reported to Police who attended the scene and Our client was conveyed to hospital where his injuries were investigated. Our client was discharged the same day once all of the radiological scans and testing had taken place.

Our client approached our firm for advice on 19 May 2011.

It appeared that Our client had suffered earlier injuries when he had an accident at work five years prior to the motor vehicle accident. Our client had not worked since the work related accident and had suffered some significant back injuries which had resulted in numbness in his legs, pins and needles sensation down his legs, weakness in his bladder, depression and other serious injuries. At the time that Our client approached our offices, he was not working but was looking for work.

A claim form was completed on Our client’ behalf and submitted to the relevant CTP Insurer, who denied liability. As a result of the denial we commenced Court proceedings in the District Court and arranged for Our client to be medically examined by the various medico-legal practitioners including an Orthopaedic Surgeon, Psychiatrist, Occupational Physician and an Occupational Therapist.

The matter was listed for Hearing before a Judge in May 2013 however, to our client’s delight we received an invitation from the CTP Insurer to attend their offices to participate in informal settlement negotiations in this matter.

CONCLUSION

We gladly accepted the insurer’s invitation to attend the settlement conference. After extensive negotiations the insurance company offered Our client the sum of $95,000.00 inclusive of legal fees to resolve his matter. The amount offered was a phenomenal amount given that Our client’ injuries were less than 10% Whole Person Impairment and he had no entitlement to pain and suffering. He was not working at the time of the accident due to serious injuries that he sustained in an unrelated accident that happened at work a few years ago. A case against the CTP Insurer was an aggravation of his lower back condition. Therefore the amount of $95,000.00 represented an excellent result and our client was thrilled. We were instructed to accept the settlement and the matter resolved without the need for our client to attend the Court in May 2013.

We can help as we are highly specialised and  focused car accident lawyers with our law firm being smaller enough to care intimately for our clients, but large enough to have the solid financial, medical and expert resources our clients needs to match the big insurers we fight everyday.  In this particular case the insurer denied the claim hoping that Our client would abandon his claim. He certainly was not expecting to receive any compensation until he sought advice from our firm. Because we prepared the n matter in an expedience manner and lodged it in Court quickly. We placed enough pressure on the insurer to force them to offer our client a sum of money prior to the Hearing.

If you have been in an accident or if you are unsure as to whether you may have a claim we may be able to help you also.