Tweed Shire Council worker received $130,000 compensation after high speed accident

Published 03 Jun 2016

Our Client was a 50 year old woman who worked as a supervisor with the Tweed Shire Council. At the time of the accident she was driving along, when another vehicle came around a bend at speed. This car was on the wrong side of the road and when they saw our client’s car they attempted to correct. This caused the driver to fishtail out of control before hitting our client in the driver’s door, forcing her through a fence into a paddock.

As a result of this car accident our client suffered a fracture to her sternum and a whiplash injury to her neck, shoulders and back. She tried acupuncture, physiotherapy and remedial massage to help reduce her pain. Ultimately she found that Bowen Therapy, a form of massage and physio pain relief therapy, worked best for her pain relief.

The client first contacted us in September 2014 almost a year and a half after her accident. Mr Kolokossian wasted no time in lodging the Personal Injury Claim Form and requesting all the relent documentation from the client and various government bodies. Even though the claim was made out of time we were successfully make submissions as to the reasons for the delay and have the insurer finally accept lability for the claim.

Our client was referred to one of our specialist doctors for a medical assessment of her injuries to determine their extent and what if any personal impairment she had. She was referred to the Medical Assessment Service who determined her Whole Person Impairment to be 6%. Sadly this was not enough to entitle her to compensation for her pain and suffering.

The client had considerable out-of-pocket expenses with her Bowen Therapy and the significant travel expenses which she incurred to see her treatment providers. Mr Kolokossian was able to make ample claims for her past expenses as well as the expenses which she would likely incur into the future.

The client had time off work, which was paid by her workers compensation insurer. Our client’s biggest area of the claim was the gratuitous care provided to her by her daughter and her ex-partner.

The client lived on a 7 acre property, with a big double story house which has four bedrooms, lounge, dining, front two indoors bathrooms and one outdoor bathroom. The house also have a pool and a pool shed.

Being a large property the client had a series of water tanks on the property which require generators to pump the water from the lower tank to the top tank which is then gravity feed.  She was not able to use the pulling mechanism to start the generator.

Mr Kolokossian obtained statements from the client’s daughter and her ex-partner outlining the amount of work they provided to her. Between the two of them they provided 15-20 hours of free care to our client.

Mr Kolokossian was able to secure compensation for the free assistance which she was provided as well as an amount of compensation to cover the costs of paid domestic careers, if and when her daughter moved out of home and was no longer able to look after her.

At Gerard Malouf and Partners we pride ourselves on our ability to negotiate matters. Mr Kolokossian was able to negotiate with the insurer and able to convince the insurer to increase their initial offer of $30,000.00 to the final outcome, 4 time more than the insurers initial offer. Our Client was very happy to secure a final amount of $130,000.00.