Man injured in motor vehicle accident in Mudgee receives $504,000 compensation

Published 10 Mar 2016

Gerard Malouf and Partners acted for a male who suffered significant injuries including brain damage in a motor vehicle accident.

The client was driving a motorcycle along a road in Mudgee. The offending driver had also commenced driving on the road, after entering from a driveway.  Our client noticed that the offending vehicle had left the left turn indicator on and assumed that the driver was going to turn left. Accordingly, our client tried to overtake the offending vehicle. However, the offending driver made a sudden right turn knocking our client to the ground. 

Our client suffered the following injuries; fractured vertebrae, fractured femur, fractured left wrist, multiple rib fractures; fractured sternum, fractured neck, ruptured spleen and psychological injuries, scarring and brain damage. Due to the nature of the injuries, the client could not recall the full facts of the incident.

It was explained to our client at the initial conference that he was eligible and fell within the criteria of persons that could make a motor vehicle accident claim.

During that initial conference the client was provided with valuable information on what needed to be prepared and what information was needed when making a motor vehicle accident claim.

After serving a completed Personal Injury Claim Form, the insurer of the driver  wholly denied liability. The matter was lodged for an exemption from the Claims Assessment Resolution Service which was accepted.

Mr Abbas commenced proceedings in the District Court of New South Wales. The instructions received from our client showed the case to be difficult in nature. Accordingly we briefed a barrister who had experience in such matters.

We arranged for our client to undergo a clinical examination with a number of medical specialists and sought their view on what the future held for our client with respect to his injury. The medical evidence obtained by our expert as well as the treating doctors all assisted in strengthening our client's case.

The Defendant requested to have our client examined by a number of their doctors who provided a medical reports. The opinion contained in the reports produced by the Defendant's medical experts 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.

Given the nature of the dispute, it was referred to the Medical Assessment Service (MAS) under the Motor Accidents Authority for Assessment. The Medical Assessment Service found that the client was entitled to non-economic loss.

Prior to having the matter heard by a judge of the District Court of New South Wales a number of offers were made and received however these did not correctly reflect the value of the case.

The matter was heard for three days at the District court of New South Wales. The judge ordered 25% contributory negligence however a verdict for our client was made. The Defendant was also ordered to pay client’s legal costs. The client received $504,525.00 in damages.

This was an excellent outcome for this case and the client was extremely happy. This matter shows that not case is too hard for the highly qualified solicitors at Gerard Malouf and Partners.

For free over-the-phone advice or to take advantage of our free face-to-face consolation call our expert team of motor vehicle accident lawyers today on our Free Call Number 1800 004 878.