Man assaulted in Central Coast pub receives compensation of $75,000
Published 07 Mar 2016
Gerard Malouf and Partners, under the lead of Mr Riyad Abbas and his team, acted for a male who was physically assaulted at an Inn.
The client attended an Inn with a friend on Friday night after work. The client and his friend consumed alcohol and were enjoying their night when a patron at the Inn brushed their shoulder heavily against our client. Shortly after, the patron began to punch our client viciously in the face and head. Two other males also joined the offender and began punching our client. The security guards at the Inn eventually broke up the fight and escorted the perpetrators out of the premises. The security guards then proceeded to escort our client out of premises without any assistance or attention to his injuries.
Due to the accident, the client suffered facial fractures, injuries to the head and blurred vision. The client underwent a number of surgeries for his injuries and is continuing treatment. At the time of the accident, our client was due to commence employment, however as a result of the accident he was delayed.
The client approached Gerard Malouf and Partners as he was unsure of his legal avenues of redress.
The client was advised that he could commence a victim’s compensation claim against the assailant, however it would better to commence a public liability claim against the Inn and the employers of the security guards.
The instructions received from our client showed the case to be difficult in nature. Accordingly we briefed a barrister and senior barrister who had experience in such matters.
After obtaining instructions from our client and collating the medical evidence in the case, Mr Abbas commenced a claim in the District Court of New South Wales against the two defendants arguing, amongst other things, failure of adequate supervision and failing to act after the fight broke out.
After commencing proceedings at the District Court of New South Wales, Mr Abbas was informed that the second defendant was going into liquidation. Accordingly, leave had to be sought from the Supreme Court of New South Wales to continue the civil liability claim against the second defendant. This was provided by the Supreme Court of New South Wales.
Mr Abbas briefed experts to determine if the case had any standing. These reports supported the clients claim.
Additionally, Mr Abbas arranged for our client to undergo clinical examinations with oral and maxillofacial surgeons, ophthalmic surgeons, a psychologist and a psychiatrist and sought their view on what the future held for our client with respect to her injury. The reports were supportive of the clients claim.
The Defendant requested to have our client examined by one of their doctors who provided a medical report. The opinion contained in the report produced by the Defendant's medical expert conflicted with the findings of our medical expert with respect to future economic loss, future need for treatment as well as past and future ability to attend to home chores and tasks.
Prior to having the matter heard by a judge of the District Court of New South Wales, Mr Abbas arranged a conference with the Defendant's solicitor in a final attempt to resolve the claim without the need to incur the cost of a hearing.
At conference Mr Abbas was able to negotiate with the Defendant's solicitors that our client's position was both genuine and realistic. Mr Abbas was able to successfully secure a settlement of $75,000.00.
Our client was happy to have received an excellent sum without having to go through the difficulties posed by a hearing.
We are highly specialised and focused lawyers with our law firm being small enough to care intimately for our client’s, but large enough to have the solid financial, medical and expert resources our client needs to match the big insurers we fight every day.
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