Serious Motor Vehicle Injury in the ACT – Young women succeeds in claim in excess of $400,000

Published 20 Aug 2013

We recently represented a young women living and working in the ACT who was involved in a serious motor vehicle accident.

In the ACT the NRMA is the sole green slip insurer of motor vehicle compensation claims with regards to accidents in the ACT. There are strict requirements in the ACT for lodging a personal injury claim form and also medical certificate and an ongoing obligation to provide the CTP insurer with up to date particulars of the claim.

Our client was a young mother who was looking after her 10 year old son and also working in one of the Federal Government Departments. She was independent in all activities and in April 2010 during her lunch time she was walking across a pedestrian crossing when a motor vehicle failed to keep a proper look out collided and failed to stop. The result was that the vehicle struck our client throwing her into the air, resulting in her landing heavily on to the ground sustaining multiple fractures. She was conveyed by ambulance, to hospital, placed in a neck brace, sustained significant injuries to her legs and arms and also a fracture to her cervical spine. She was in hospital for approximately four weeks and then discharged. Our client was lucky that she had her parents live close by and able to look after both her and her son during her period of rehabilitation. In due course, our client was able to return to work attending her pre injury duties although she continued to have restrictions and difficulties in day to day activities.

Our client and her family had contacted our firm and we were able to see them in our Canberra offices within a day of the phone enquiry. We continued to see our client’s in conference in Canberra and also communication via E-mail and phone.

In preparation of the claim we obtained copies of client’s group certificates, tax returns, hospital records and all this information was provided to the insurer.

We qualified our own expert doctors which included Orthopaedic Specialists and Occupational Physician to comment on our client’s future capacity. Armed with medical evidence, Reg Kolokossian Senior NSW Accredited Personal Injury Lawyer thereafter proceeded to prepare submissions for the purpose of entering into settlement discussions. The initial compulsory conference was attended to by the insurers representative however, when faced with the detailed submissions as prepared by our senior solicitor they clearly were under prepared and had requested the matter go over to another compulsory conference date. We obliged in their request and the matter was listed again earlier this year at which stage the insurer had qualified one of their solicitors to assess the claim.

The matter proceeded to a compulsory conference in June 2013 where the matter settled in excess of $400,000.00. Our client by that stage had returned to work and had carried out the full duties although our submissions had made significant allowances for future medical expenses that you may incur from time to time. We also claimed for future care with regards to domestic assistance and a significant component for pain and suffering as is allowed in the ACT. Unlike NSW compensation scheme accidents, victims in Canberra are fully entitled to claim for pain and suffering without requiring any threshold tests to be met. The settlement amount clearly took into consideration the serious nature of the injuries, not withstanding the fact that she had recovered and gone back to fulltime work. The ability of Gerard Malouf & Partners Compensation Lawyers to now service clients in our regional offices in this case our Canberra office meant that distance is no longer a factor in insuring a high standard of client care. In this particular instance a result of in excess of $400,000.00 was a fantastic result for our client.

Distance is no longer a problem, we are able to service all injured clients throughout the ACT, NSW and QLD, and we are usually able to see them in conference within 24 hours of the initial contact. Clients now have the advantage of dealing with a Specialised Personal Injury Law Firm no matter where they live.