74 Year Old Women receives a Settlement of $74,000.00 following a Car Accident Injury
Published 24 May 2013
We acted on behalf Ms X who was involved in a Motor Vehicle Accident on 7 June 2010.
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.
Following the accident, Ms X attended upon her doctors who managed her investigations and referred her to see a psychiatrist. Following the accident she noticed that she was becoming increasingly depressed, becoming angry, had short temper and her sleep was disturbed because of night mares. She noticed the increased in shakiness in her hands due to anxiety. As a result she was referred by her General Practitioner to see a psychiatrist. As her symptoms did not improve over the next 2 months following the accident, she decided to instruct our firm after hearing that we had achieved great results for clients in the past. Ms X instructed the office of Gerard Malouf & Partners on 9 August 2013.
A file was open for Mrs X and arrangements were made for her to be assessed by an Orthopaedic Surgeon and a Psychiatrist.
Ms X was assessed by an Orthopaedic Surgeon and a Psychiatrist both of whom provided supportive reports and indicated that her injuries were greater then 10% Whole Person Impairment. The Insurer, NRMA, refused to concede Ms X injuries would be greater then 10% and as such a dispute arose between the parties as to the level of the injury. That dispute was referred to the Medical Assessment Service who appointed two independent doctors. Ms X saw both doctors and whilst her physical injuries were less than 10%, the Psychiatrist found that her psychiatric injuries were greater than 10% because her doctor found that the accident had caused her anxiety, depression and caused her to change her lifestyle around the home.
In conclusion, following the determination of the dispute by the Medical Assessment Service, arrangements were made for a settlement conference to take place at our offices. After extensive negotiations, NRMA were prepared to resolve the matter for the sum of $200,000.00 inclusive of costs and disbursements. Ms X was thrilled with the result, given that she was not expecting to receive more than $70,000.00 or $80,000.00. She was not working at the time of the accident and the claim was a claim for pain and suffering, treatments expenses and care.
We achieved an excellent result for Ms X and she was very appreciative that we showed professionalism and care in order to achieve a satisfactory outcome.
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