Motorcycle Accident Victim Receives Hundreds of Thousands in Compensation
Published 11 Sep 2014
Our client was a motorcycle rider who was involved in an accident resulting in fractures. He ultimately received hundreds of thousands of dollars in compensation for his injuries.
His work required him to be very fit and agile - as fixing machinery required him to climb up and down ladders, lifting, bending and twisting, the work was very labour-intensive.
Our client sustained injuries to his hip, soft tissue injuries, lower back and fractures to his hip. He was off work for approximately three (3) months and slowly went back to doing light duties.
Our client’s injuries required us to obtain independent medical reports from our specialised doctors and ultimately we requested the insurer concede that the Claimant’s injuries would exceed the 10% threshold required under the Motor Accident Compensation Act.
The insurer typically refused to concede the 10% threshold. We then applied to the Motor Accident Authority and were successful in reversing the decision.
We were therefore able to claim on behalf of our client for his past wage loss, medical expenses, pain and suffering and payment of future medical expenses.
Our client had made a good recovery and was stoic in his nature in that he went back to work. Our client valued his work and enjoyed the work notwithstanding he had to put up with a lot of pain, discomfort and restriction.
Our client was in his late 30’s and despite him not suffering from any ongoing wage loss, we made submissions to the insurer that he would have a disadvantage in the open labour market in the future.
Our submissions pointed out to the insurer that there was a significant component that needed to be allowed for future potential wage loss.
Our client showed good character and a desire to go back into the workforce to his old job, notwithstanding the daily pain and discomfort. Reg Kolokossian of this office, an Accredited Specialist, made strong submissions on the basis of our client’s credibility and good work ethic and the significant nature of the injuries.
It was his submission that if this matter proceeded to an Assessment Hearing, any Assessor or even a Judge would find in our client’s favour and give him a significant award for compensation relating to his future wage loss.
The insurer accepted those submissions and finally accepted our offer to settle the motorcycle accident claim which settled for more than $600,000.
The client was extremely happy with the ultimate result. He himself said: "Wow - This was well above my expectations."