Woman Unable To Work After Car Accident Awarded $210,000 in Compensation

Published 25 Feb 2017

Gerard Malouf and Partners Compensation Lawyers acted for Mrs A who was injured in a motor vehicle accident in early 2015. Mrs A was driving along a busy highway in Arncliffe when the vehicle at fault was trying to cross three lanes and collided into the front right side of our client’s motor vehicle. As a result of the accident our client sustained serious injuries to the neck, both shoulders, back, right hand, left knee and psychological injury.

Due to the serious injuries sustained, Ms A was unable to resume her pre-injury employment duties, was left unemployed and required extensive domestic care and assistance from her family.

Mrs A was unaware of her rights and entitlements to seek compensation and be reimbursed for her losses, so she contacted our team of Personal Injury Lawyers for legal advice. 

Action Taken:

With the help of our Accredited Specialist Personal injury Lawyers, Mrs A lodged her personal injury claim form within the required 6 month period from the date of the accident and brought a claim against the CTP insurer of the motor vehicle at fault.

Pursuant to a Section 81 Notice, the CTP insurer wholly admitted that the driver was at fault for the accident and admitted a breach of duty of care.

The claimant’s capacity to return to work was greatly diminished and her injuries had a serious detriment on her future earning capacity and ability to engage in future employment. For this reason, the claim proceeded through the procedural elements pursuant to the Motor Accidents Compensation Act and our solicitors organised for Mrs A to be medically assessed by an Orthopaedic Surgeon, Occupational Therapist, Psychiatrist and Occupational Physician. The purpose of these medical examinations was to determine the injuries the claimants sustained and how they will continue to effect her ability to work and need for domestic assistance.

The medical evidence gathered established that as a result of the injuries and ongoing disabilities she sustained, the claimant required future domestic assistance and her future earning capacity had severely been impaired.

The matter was ready to be referred to an independent assessor nominated by the Motor Accident Authority of NSW. However, understanding that our client wanted the matter resolved quickly, we invited the CTP insurer to participate in a compulsory conference. After extensive negotiations the matter resolved and Mrs A was awarded a sum of $210,000.  

Conclusion:

Our client was extremely pleased to have received a fair compensation, considering the loss she had incurred as a result of someone else’s negligence. If you have been involved in a similar motor vehicle accident and you are unsure if you have a right to compensation, you should contact our office to arrange an appointment with one of our Accredited Personal Injury Specialists at no cost to discuss your matter further.