Family receives a quarter of a million dollars compensation after the client passed away

Published 09 Dec 2014

Our client was injured as she was walking through a shopping centre car park on the NSW Central Coast. Our client had just completed her shopping and was returning to her car, when she tripped over uneven concrete and fell forwards. Unfortunately our client passed away during the proceedings however her family were able to pursue her rights and we were able to secure a quarter of a million dollars in compensation after the client passed away.

By way of background, our client suffered severe injuries and the medical staff informed her that she would be wheel-chair bound for the rest of her life. Unfortunately our client’s life after her accident was all too short.

Our client, a 67 year old woman, faced major difficulties as a result of her injuries. Her house had stairs at both entrances, and was set over two stories failing to allow the premises to be wheel-chair friendly. On account of this our client had to move into a nursing home causing significant strain on her family.

Our client’s accident was witnessed by several other shoppers, one of whom provided evidence that the ground had been a problem shop for other shoppers in the past. Our client engaged Gerard Malouf and Partners compensation lawyers before she passed away, to make a claim for compensation. Our client was particularly upset because the car park owners had known that the area where she tripped was a trouble spot. Our client felt that her injuries could have been avoided if the car park owners had rectified the problem earlier. Unfortunately, our client passed away a few months after the commencement of proceedings, due to unrelated medical complications.

David Cossalter, the lawyer in charge of this matter at Gerard Malouf and Partners commenced proceedings in the District Court of New South Wales, which were carried on by the executors of the client’s estate.

Our client’s family instructed us that they were interested in exploring settlement negotiations, so we arranged an informal settlement conference with the defendant’s solicitors.

During the course of the settlement conference the defendant made an offer of settlement of $250,000.00. Our client’s family knew that money would not bring their loved one back. However, they instructed us to accept this offer, as they felt it represented an acknowledgement of the pain and suffering caused to our client as a result of the defendant’s negligence.  

Our client’s family members were very impressed with the support and understanding that they received from Mr Cossalter and the rest of the team at Gerard Malouf and Partners, throughout the legal process. They were particularly pleased with the patience and sensitivity shown by Mr Cossalter during the informal settlement conference.

If you, or somebody you know, have been injured due to the negligence of somebody else, do not hesitate to contact the experienced team of lawyers at Gerard Malouf and Partners.