Bathurst police chase results in hit and run injuries and Policeman receiving $650,000 in compensation
Published 06 Jun 2016
A Bathurst Policeman was on active duty, when he responded to an alert in relation to two stolen cars. After locating one of the cars the claimant approached it on foot in an attempt to apprehend the offenders.
As the claimant approached the car, the offenders attempted to drive off again, this time straight at the claimant. The claimant attempted to get out of the way but was hit in by the Ute, throwing the claimant a number of meters before landing on the ground. As a result the claimant suffered significant injuries to his legs and knees.
This accident occurred in 2010, while normally at Gerard Malouf and Partners we try to get proceedings moving forward as fast as possible this matter. The Claimant was in and out of surgery for his knee injuries and the Medical Assessment Service would not assess the claimant’s injuries until they knew they would not get any worse, that they had stablised. The Claimant was finally assessed at the end of 2015.
The Claimant was assessed has being under the 10% Whole Person Impairment threshold and therefore was not entitled to significant compensation for the pain and suffering which he had suffered over the last 5 years and would continue to suffer into the future.
As a result of the accident and the continuing surgeries that claimant had significant time off work it was not until March 2015 that the Claimant was able to successfully return to a full time administration role. He would never be able to work field duties again.
Mr Kolokossian noted that as a result of working a lessor role the claimant would earn less income over the rest of his life. We were able to claim the difference in the income for the rest of the claimants working life.
The claimants responsibilities around the home consisted of looking after the garden, doing handy jobs and the heavier domestic actives including cleaning windows and roofs. As a result of the accident and the injuries to his knees the claimant was unable to continue to provide these jobs to his household. This meant that his wife and family members had to step in to ensure it was done. Mr Kolokossian was able to claim back the free care which was provided to the claimant was well as secure 10 hours of paid care and handyman assistance for the next 10 years of the claimant’s life.
Finally the claimant had amassed significant medical bills, medication and travel expenses as a over the 5 years of his claim which had all been paid by the workers compensation insurer. We were able to claim back all expenses for the claimant as well as a buffer for the continuing medical expenses he would have over the rest of his lifetime.
The matter was submitted to the Claims Assessment Resolution Service for a final determination as to the amount of compensation which the claimant was entitled to. Ultimately the matter settled hours before the CARS hearing with the claimant agreeing to accept an amount of over $650,000.00. He and his wife relieved to see the matter finally finished.
If you or your family member have been injured, whether you live in the Bathurst or any other regional area, Gerard Malouf and Partners are able to ensure you are not disadvantaged and that you receive maximum compensation.