8 Year Old Child Receives $20,000 Compensation for Motor Vehicle Accident Injury

Published 16 Jan 2014

We acted for Ms J who was a 5 year old girl who was a rear seat passenger in a motor vehicle being driver by her mother along Henry St in Guildford when another vehicle failed to stop on a stop sign and collided into the vehicle causing their vehicle to spin around and ultimately flip and land on its roof top.

Ms J was taken to Westmead Children’s Hospital where she was treated and discharged the same day. She suffered slight neck pain but was more traumatised because of the impact. Her mother was not sure whether she should lodge a claim but contacted Gerard Malouf & Partners who assured her that her daughter was entitled to car accident compensation and convinced her that a claim should be aggressively pursued.

A claim form was lodged onto the defendant’s CTP insurer, NRMA insurance who accepted liability for the claim.

Ms J’s injuries improved apart from the occasional fear of travelling in motor vehicles.

Appointments were arranged for Ms J to be assessed by an orthopaedic surgeon and a child psychologist. The orthopaedic surgeon formed the view that Ms J had recovered from all her physical injuries and she had no impairment. The psychologist concluded that it was too early to assess her injuries but was of the view that she should make a full recovery after 12-24 months.

Ms J’s injuries were for less then 10% whole person impairment and she had no entitlements for non economic loss. She was not working as she was a child and therefore there was no entitlement for past economic loss but there was a possible entitlement to future economic loss because of potential affect that the injury might have when she reached a maturity.

A settlement conference was arranged with the insurance company in an effect to resolve the matter and after extensive negotiations the insurer offered the sum of $20,000.00 plus costs in order to resolve the cast. This represented an excellent result because the claimant had no physical injuries and had very minor psychological injuries which were expected to resolve completely. Furthermore, because Ms J was a child all of her legal fees were paid by the insurance company. The matter had to be put before a judge for an approval and the judge was satisfied with the amount of the settlement and approved the settlement and ordered that the matter be referred to the NSW trustee and guardian where it would be invested until Ms J obtained the age of 18 years.

Ms J’s mother was thrilled with the result and was very thankful for the quality advice and service that she received from our firm.

If you have a child who was a passenger in a vehicle who may have been affected even slightly and if you would like more information on whether a claim ought to be made, please do not hesitate to contact our toll free number on 1800 004 878 free consultation with one of our accredited specialist.

We are an accredited personal injury firm who are small enough to care about our client’s but large enough to expend the resources to fight the large insurers everyday.