Gerard Malouf and Partners work hard to ensure client receives compensation for pain and suffering

Published 28 Apr 2017

Our client, a 56 year old man from Carlingford, was the driver of a vehicle which was stationary at an intersection when he was hit from behind by another driver back in early 2013. This was a significant rear end collision. As a result of the collision our client received extensive injuries to his neck, including a nerve root compression at C7 resulting in pain radiating through both shoulders and into both arms.

Following initial investigations and conservative treatment it was clear that the injury was not a minor one. After a barrage of radiological investigations as well as continuing courses of physiotherapy our client finally underwent surgery. Our client incurred medical expenses well in excess of $20,000.00 in the 3 years following the accident the insurer was required to pay these expenses.

As a result of the ongoing injuries, restrictions, surgery and resulting rehabilitation incurred by our client, he had a considerable amount of time off work. To make matter worse the injuries and ongoing restrictions meant that he failed to pass the medical requirements for his job on a number of occasions. While at the time of settlement he had not lost his job it was a real probability that our client would lose his position in the near future or not be able to continue to complete the duties of his job.

Before any settlement could be reach our client had to be submitted to the Medical Assessment Service (MAS) to determine if he was entitled to compensation for his pain and suffering. On first instance the MAS certificate came back stating that our client only had a 5% whole person impairment and thus was not entitled to damages for pain and suffering.

The solicitor with carriage of the matter, Mr Reg Kolokossian, was not convinced of this outcome, wrote to MAS advising that they had neglected to consider all the clinical medical evidence which was before them. After reviewing all the medical evidence it was clear to us that the medical assessor didn’t properly evaluate our client and after lengthy submissions to the Motor Accident Authority, they agreed to have our client reassessed.  Our client was reassessed by MAS, this time as having a whole personal impairment 20% thus entitling our client to compensation for his pain and suffering.

The insurer not happy with outcome wrote to MAS advising that the outcome was incorrect and should be reviewed. Reg responded with strong submissions to the contract and ultimately their application was dismissed. 

Following this outcome Reg entered into negations with the insurer on behalf of our client. Submissions were made to recover all medical treatment expenses as well as ongoing treatment expense into the future. All time off work was recovered as well as a buffer made in case our client was unable to continue in his current role and of course compensation was obtained for our clients pain and suffering.

Ultimately this matter settled for over $375,000.00 before the costly exercise of an assessment hearing was incurred.

If you or your family member have been injured, whether you live in the Carlingford area or any other regional area, Gerard Malouf and Partners are able to ensure you are not disadvantaged and that you receive maximum compensation.