Sydney Cyclist Awarded $650,000 Compensation for Injuries from Car Accident
Published 26 Mar 2015
A Sydney cyclist who sustained severe injuries was awarded a large payout by a Sydney Judge.
Our client was cycling down a road in inner Sydney when a motor vehicle travelling in the opposite direction turned right and collided with the cyclist. She sustained a number of painful injuries from the car accident – the most notable being multiple fractures along her spine. She also sustained extensive bruising and grazing to her right elbow and both legs. She was admitted to hospital for a week, during which she underwent surgery to address the multiple fractures to her spine.
Despite the surgery, the cyclist continued to suffer from considerable pain in her spine and required rather heavy medication. Her injuries came to impact on many aspects of her life. She was unable to return to work or drive her car for months. She was no longer able to play sports. She was extremely frustrated by her ongoing pain and its pervasive effect on her lifestyle.
She sought the legal advice of Gerard Malouf & Partners to see if she could be compensated for her injuries. An appointment was arranged with Mr Vrege (Reg) Kolokossian who took her through all aspects of what was required to pursue a claim for compensation. “For the vast majority of our clients, it is very important to take our time to explain all aspects of what work we will be doing and what can be claimed,” Reg said. Our client took great comfort in the initial conference and the detail and time taken to explain the process to her. She was relieved and happy to instruct our firm to proceed.
We proceeded to prepare the claim form and serve it on the insurer. Although the insurer recognised that our client’s injuries would have a permanent effect on her, they were not prepared to offer a reasonable amount of compensation. Vrege (Reg) Kolokossian of Gerard Malouf & Partners refused to accept this and took the matter to court. Reg, our expert team, and the barrister were able to present to the judge all the relevant evidence in support of our client’s claim, to successful secure our client a substantial amount of compensation in excess of $650,000.00.
Breakdown of compensation received
As our client’s injuries exceeded the 10% whole person impairment threshold, Vrege Kolokossian was able to successfully procure an amount in excess of $200,000.00 for general damages alone. This amount was twice what the insurer was initially offering to pay.
We were also able to claim a significant amount for future medical expenses in excess of $40,000.00 when the insurer was only initially offering to pay a mere $15,000.00 Reg argued that the insurer was not giving weight to all of the potential future medical needs that would arise in the future that the cyclist would not be able to afford with merely $15,000.00.
Vrege Kolokossian was also successful in arguing that the insurer’s offer of $100,000.00 for future economic loss was nowhere near enough to truly compensate our client for the effects that her permanent disability would have on her employment. The insurer argued that the fact that she returned to her pre-accident role indicated that she did not require much future economic loss compensation. Our team refuted this and presented to the court that our client should not be denied proper compensation simply because she had persevered through her pain at work in order to avoid losing her job. The court agreed with Vrege Kolokossian and made an order for more than double the insurer’s original offer.
As a result of our team’s perseverance in this matter, our client received over $650,000.00 to compensate her for her suffering. Our client was extremely grateful to Vrege Kolokossian for persevering with her cycle accident compensation claim and securing her a much larger result than the insurer would have paid her otherwise.