Quakers Hill mother obtains compensation after being hit by a car as a pedestrian

Published 17 Nov 2016

Ms K was involved in a motor vehicle accident on 18 November 2014 in Winston Hills. She was a pedestrian at the time and was negligently struck by a vehicle in a serious accident. Motor vehicle accidents can be extremely traumatic and this accident was no different. Ms K sustained a fractured foot; ankle, lacerations and bruising to the right elbow, forearm region, neck and lower back region. There were injuries to her right knee and left knee as she was heavily knocked to the ground. She was conveyed by ambulance to Westmead Hospital on the same day and was discharged on 20 November 2014, although her life had changed forever.

Ms K approached Gerard Malouf and Partners on 24 November 2014 for legal advice regarding her rights and entitlements to a motor vehicle accident claim. Upon assessing the factual circumstances of the case, she was advised that she had strong prospects of success in her case, considering that a driver of a motor vehicle presumably owed a higher duty of care to Ms K who was a pedestrian on the road. The driver had breached its duty of care when he failed to keep a proper lookout for Ms K in the accident. Our client was instilled with confidence from the very first conference with Gerard Malouf and Partners and instructions were obtained to commence a personal injury claim. Under the case management of Gerard Malouf and Partners, the compulsory third party insurer of the motor vehicle admitted liability within 2 months.

The accident inflicted a detrimental impact on Ms K as she was a young mother who was employed on a full time basis as a dental technician. The unfortunate circumstances of the accident severely diminished her ability to work and sadly she was only capable of initially returning to work 2 days per week and gradually over 3 months back to full time. As a consequence she suffered substantial financial loss from the accident and had to seek regular treatment from her orthopaedic surgeon, physiotherapist and psychologist and subsequent underwent surgery to her left hand and wrist in January 2016 due to the over use of her left hand at work as she was debilitated from using her right arm.

Upon her injuries stabilising after the surgery she organized to see an expert psychiatrist and orthopaedic surgeon instructed by Gerard Malouf and Partners for an opinion on the extent of her injuries. The diagnosis and prognosis of these reports were supportive to the clients case and served to provide the compulsory third party insurer with an accurate reflection of the loss and damage suffered due to the accident.

Armed with the appropriate medical evidence and other financial loss evidence, Gerard Malouf and Partners pro-actively invited the compulsory third party insurer to participate in settlement negotiations. Submissions were provided to the insurer articulating the treatment expenses incurred, past and future financial losses of Ms K as well as past and future domestic care and assistance required for Ms K.

Our client had made a very good recovery but it was clear that she would have problems in that she would have problem in later years and this is what out experience and expertise concentrated on in our submissions.

Negotiations were strenuous and combative with numerous offers and counter offers, and ultimately, Gerard Malouf and Partners successfully resolved the matter for over $300,000.00. Our client was delighted with the outcome and at the efficiency of Gerard Malouf and Partners in resolving her claim within 21 months.