Australian Serviceman on bicycle in Sydney CBD Motor Vehicle Accident Receives Significant Compensation
Published 22 Sep 2014
Our client is an Australian serviceman who was riding his bicycle in the Sydney CBD area as part of his exercise when he was struck by a motor vehicle failing to give way resulting in our client sustaining significant compensation for his injuries.
Our client, riding his bike in the CBD for exercise, was struck and fell to the ground sustaining significant injury to the left hand and a dislocation to the shoulder. After being conveyed to hospital he saw an orthopaedic surgeon. Fortunately our client was very fit and healthy and his recovery was greatly assisted by that fact. His rehabilitation ensured that he was only out of work for a short period of time before going back to full time duties. The client saw us in our Sydney office where he provided us with instructions after we had explained to him our no win no fee cost structure. We allowed at least twelve (12) months post-accident so his injury could stabilise and then arranged for our own independent assessment. As the client’s injuries had significantly recovered he did not get over the requisite 10% impairment threshold although we were able to maintain and submit a significant claim that the injuries will impact on his future employability.
With fractures to limbs even though they may not be severe they inevitably result in an acceleration of degenerative processors and arthritis in those joints. It was on that basis that we submitted that he will have difficulties in the future whether that was in the armed services or any labour type of work. Our client did not lose time off from work and was able to go back to almost full duties. Our responsibility was to ensure that we looked at the whole picture and more importantly in this particular instance his future entitlements and the impact that the injury will have on his future capacity. It was on that basis that we made significant submissions to the insurer, the key points being as follows:
- He took minimal time off from work and went back to work.
- Undertook his own rehabilitation.
- Presents as a very credible and upstanding individual.
All these factors along with our submissions ensured that we were able to successfully negotiate his claim and obtain a significant amount of compensation. Motorcyclists and cyclists are always exposed to the elements by drivers in motor vehicles who do not keep a proper look out as was the case in this instance. Injuries are inevitably always significant and it is therefore important that you see the specialist solicitors at Gerard Malouf and Partners who not only look at an individual’s current rights but future entitlements when assessing and negotiating a settlement of the claim. One of the key factors that was also important to our client in this instance was our no win no fee policy and the fact that we were paid at the end of the matter upon successful completion.