Inverell Motor Cyclist Receives Over $500,000 Compensation Following Motor Vehicle Accident

Published 03 Sep 2015

Our client was a young man who was involved in a motor cycle accident in the Inverell area in far northern New South Wales.

Our client was riding on his motor cycle when a vehicle came out of a side street without stopping or slowing down and collided with our client’s motor cycle throwing him to the ground.

Our client sustained multiple injuries to the lower back and hip region and was taken by ambulance to the hospital. Subsequent x-rays revealed a fracture in the right hip/right upper leg region.

Initially whilst in hospital our client was treated conservatively but then was taken to theatre where surgery was undertaken to repair the damage by way of insertion of a screw to put together the fractured bone.

Our client subsequently had difficulties mobilising and had to use crutches and relied on family support. Being in a remote area our client initially thought he would be at a disadvantage, After making initial enquiries on the internet he contacted Reg Kolokossian at Gerard Malouf & Partners seeking assistance with regards to his claim.

We were able to immediately arrange to see our client in the Inverell region where we obtained instructions from him and advised him generally as to various aspects of the claim and how we could successfully bring the matter to a head.

Needless to say, as a result of the injuries he was off work for a significant period of time although he made stoic efforts to go back to work and did so on a reduced hours basis.

Living in the Inverell region it was difficult to have him examined by medical doctors as there are very few that go out that way for the purposes of preparing Reports. We arranged for our client to attend Coffs Harbour and covered the cost in him attending the appointment.

Gerard Malouf & Partners prides itself on its no-win/no-fee policy and the fact that we stand by our word when we say to our clients you will not be required to pay for anything during the claim. What this essentially means is if our clients do live in remote areas we cover the cost of them travelling to regional areas where they can be examined by the various Doctors that are on our expert panel. The purpose of these examinations is to provide a summary to us and the insurance company of our client’s injuries, the ongoing symptoms and what if any level of impairment.

In motor vehicle accident claims the level of impairment is important as it determines whether someone will receive compensation for their pain and suffering referred to as non economic loss.

Under the Motor Accident Compensation Act if the level of impairment is greater than 10% then the individual receives compensation usually in excess of $100,000.00 for their pain and suffering. Of course, other factors will come in to play such as their age, the type of injury, the period of recovery and what ongoing symptoms and restrictions they are encountering on a day to day basis. It is for this reason that it is important to have our clients attend upon our Doctors who will take the time to ensure that our client’s medical history and ongoing problems are accurately recorded.

Having attended our Doctor in Coffs Harbour we obtained the Report and discussed it and explained it to our client.

Our client’s claim in this particular instance did not get over the 10% threshold as the fractured hip had healed relatively well. Notwithstanding the fact that our client’s injury did not get over the threshold, he continued to have restriction in day to day life and continued to have degrees of pain and discomfort.

The injury and the ongoing symptoms clearly impacted on our client’s ability to continue working on a full-time basis and it was this fact in itself that assisted us in preparing significant submissions in terms of our client’s potential future economic loss claim.

We were able to prepare submissions in relation to the value of our client’s claim looking at the following:-

a)    Past wage loss including past loss of Superannuation benefits, loss of overtime and loss of the ability of working extra hours. It is also important when looking at economic loss to look at the loss of employment opportunity and advancement within the particular industry. Our client’s injuries were such that it limited his level of advancement notwithstanding the fact that he had returned to work.

b)    Future economic loss and future loss of Superannuation benefit.

c)    Past and future care. The fact that our client would be restricted in carrying out physical handyman and domestic activities around the home. Simply activities such as repairs around the home, gardening, external cleaning of windows, cleaning and clearing gutters, climbing up and down ladders all proved difficult for someone who had a fractured hip injury even though that injury had recovered.

d)    Past and future medical expenses. It is clear when people sustain fractures as they age those fractures would become arthritic and the level of arthritis will continue to deteriorate in latter years. There is a need to assess the future medical and treatment needs and costing of these.

Having an Accredited Personal Injury Law Firm and an Accredited Personal Injury Specialist such as Reg Kolokossian assess the claim ensured that all aspects that were relevant in maximising our client’s compensation were put on the table.

It is no surprise therefore to note that our client’s claim settled for $500,000.00. All costs and disbursements were paid at the completion of the matter as too were any amounts that needed to be reimbursed to Centrelink as our client was on Centrelink benefits for a significant period of time.

Gerard Malouf & Partners are prepared to travel throughout New South Wales and the East Coast of Australia to ensure that injured victims receive maximum compensation and have the benefit of accessing our experienced Solicitors and specialised services.

Our Inverell client was not along and was over the moon at the end result which assured him some security for his future lifestyle and his young family notwithstanding the restrictions he had.