$125,000 for Campbelltown man after suffering injury from horse accident
Published 03 May 2016
Our client was awarded over $125,000.00 for a back injury he sustained whilst working as a track work rider. The injury occurred when our client was riding a horse which suddenly bolted. The sudden movement caused our client to fall from his saddle and collide with the post on the outside rail.
As a result of the fall, he was taken to hospital, and subsequently underwent a multitude of treatment, culminating in a fusion surgery.
Following his work accident, this man contacted the solicitors at Gerard Malouf and partners for a free consultation. Upon seeing the nature of the man’s injuries, it was a matter we were able to help with and the client was happy for us to assist.
At Gerard Malouf and Partners we work on a ‘no win no fee’ basis. Should we be unsuccessful in your claim, it will be of no fee to you.
Given the significant nature of this man’s injuries, it was no surprise that he received a whole person impairment assessment of greater than 15%. This meant that he was entitled to a lump sum claim, being compensation for the injury, and a Work Injury Damages claim, being an action in negligence.
The lump sum claim settled for over $50,000.00, and following this a Work Injury Damages claim was commenced.
This man’s solicitors enlisted the assistance of one of their experienced barristers in taking on a negligence claim. The claim was taken to a mediation, whereby the solicitors, barrister and client attempted to negotiate a fair settlement with the insurer and their legal representatives. In these circumstances, the mediation was quite lacklustre, with little to no money being offered to our client.
As such, the matter proceeded to court. After obtaining further evidence, this claim was set down for a hearing date, and following back and forth negotiation the claim finally reached an agreeable settlement figure on the morning the hearing was due to start. The figure was clear of any paybacks to the workers compensation insurer, and saw our client awarded with over $125,000.00 when considering his previous lump sum settlement amount.
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