Family receives payout for puiblic bus injury after death of 89 year old grandfather

Published 26 Oct 2016

On 22 June 2015, our client was travelling on a bus in Manly. He got up thinking that he had arrived at his bus stop. As he approached the front of the bus he realised that it was one stop too early. Our client told the bus driver this and proceeded to return to his seat.

The bus driver pulled off before our client had time to take his seat or grab hold of any hand rails. As a result of the bus pulling off he was thrown to the ground and suffered multiple injuries, including a fracture to his hip.

Our Client was an elderly man with limited English skills. Each day our client caught the bus to and from the local Greek church to spend time his friends and others who spoke Greek.

The effects of the injury were very limiting for our client. He lost his freedom and was effectively house bound. Our client lost his mobility and was no longer able to catch the bus. Through discussions with the insurance company we organised that they would pay for our client to catch a taxi to and from the church each day. This made the client very happy.

He would collect the receipts from each trip and forward them to our office each month. We would then forward the receipts to the insurer for reimbursement. This occurred for some months.

As our client recovered he was able to start mobilising and go for short walks around his block. He was still very unsteady on his feet however and made these walks at the recommendation of his GP. Unfortunately during one of these walks our client was hit by another elderly woman reversing out of her drive way. He died before he reached the hospital.

The insurer, having heard this news made a generous offer to resolve the claim even though technically at law the claim ceased once he passed away, covering the costs of taxi rides and a small part for legal costs. Ultimately as a result of the tragic death the family was happy to resolve the matter and finalise the claim.

At Gerard Malouf and Partners we pride ourselves on our ability to negotiate matters and find a resolution that benefits you.

We told the insurer they neglected to consider the amount of free domestic care and assistance which our client was provided by his daughter and granddaughter.  While he lived separately on the property he became heavily dependent upon following the accident.

The matter was settled for $17,000.00 ensuring that the family also obtained some benefit following the death of their father and grandfather.

Should you require assistance please contact our specialists at Gerard Malouf & Partners to advise and assist you with your compensation claim.