Young man receives $55,000 in compensation from a motorcycle accident in 2014
Published 06 Jul 2016
Mr D was an active and reasonably healthy young man at the time of his motor cycle accident in 2014. Although Mr D had some pre-existing sporting injuries and injuries sustained from recreational incidents, this did not prevent Mr D from obtaining compensation for injuries sustained in the motor cycle accident. Mr D was knocked off his motor cycle at an intersection when the motor vehicle at fault failed to give way and as a result, Mr D was admitted into hospital for treatment to his left foot and ruptured spleen which was eventually removed.
His way of life was very all-rounded, playing AFL for his club team, was highly regarded in his performance working as a public servant in a major government department as well as studying at a tertiary institution at the time of the accident. At the time of the accident, Mr D was granted an internal promotion in the department which was deferred and halted from the effects of the accident. Mr D retained Gerard Malouf and Partners to represent him in his motor vehicle accident claim against the CTP insurer over the two years, as the case proceeded all the way to a hearing at the Claims Assessment Resolution Service, before the parties managed to reach a settlement on the day of the hearing. Mr D was initially offered a modest sum of $16,000.00 which certainly would not have compensated nor reflected the loss suffered by Mr D.
During the two years, Mr D was examined by medical experts instructed by Gerard Malouf and Partners who quantified and recommended some future treatment for Mr D into the future which were put forward by Gerard Malouf and Partners to the CTP insurer. Furthermore, Gerard Malouf and partners fought for Mr D’s economic loss from his delayed promotion due to the time he was absent from work following the accident.
To Mr D’s credit, he maintained a positive and diligent attitude in the two years after his accident as he continued to perform in his work, whilst sustaining a committed work ethic, which was even highly regarded and acknowledged by the CTP insurer in the case! In the end, at the day of the hearing, the CTP insurer conveyed to Mr D final offer of $55,000 in compensation for his past and future treatment and past economic loss, which reflected a marked increase from their initial offer. Mr D on the advice of Gerard Malouf and Partners accepted the offer and the case ultimately resolved and settled. Mr D was accepting to the outcome of his case as he could put the case behind him to focus on his career and marriage. Likewise, Mr D was afforded the opportunity to avoid the uncertainties that litigation brings.
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