59 years old woman receives $600,000 in Compensation for Injury from Serious Car Accident

Published 09 Aug 2017

We acted on behalf of Mrs H who was involved in a very serious motor vehicle accident in early 2014. Mrs H was driving along a busy Sydney road when she approached a roundabout and her vehicle came to a standstill. At the same time, another vehicle failed to slow down and collided into the back of Mrs H’s vehicle, causing her to suffer serious injuries to her cervical spine, right arm, right shoulder and psychological injury.

Due to the extent of Mrs H’s injuries sustained in the subject accident, she was taken to hospital and received extensive medical treatment by her treating doctors.

Mrs H was unsure if she was entitled to compensation and contacted Gerard Malouf and Partners Personal Injury Lawyers to make an enquiry and learn about her rights and entitlements.

Action Taken:

Upon obtaining our client’s instructions, Gerard Malouf and Partners Compensation Lawyers assisted Mrs H with completing and lodging a personal injury claim form against the CTP insurer. The insurer accepted liability and we were able to progress our client’s claim.

Due to the serious nature of Mrs H’s physical and psychological injuries, medical appointments were arranged with our medico-legal experts which included an orthopaedic surgeon, an occupational physician, a psychiatrist and an occupational therapist. The purpose of obtaining medico-legal evidence is to determine the level of injury suffered, as well as the need for any ongoing medication and treatment, the effects of the accident on the claimant’s capacity to work and whether or not the claimant will require any domestic care and assistance with the domestic duties in the near future. 

The medical evidence obtained on behalf of our client was quite helpful as it indicated that our client’s injuries exceeded the whole person impairment threshold of 10% as required by NSW law, and that she was not capable of returning to her pre-injury employment on a full time basis and unable to live an independent and active life as a result of the accident.

The evidence was served on the insurer, however they disputed that our client’s injuries did not exceed the 10% threshold. Therefore our team of Compensation Lawyers referred our client to the Medical Assessment Services, better known as MAS, to determine if her injuries exceeded the 10% threshold. A determination was made by MAS that Mr H’s injuries did in fact exceed the 10% whole person impairment threshold, and she was therefore entitled to non-economic loss.

Our Accredited Personal Injury Specialists then arranged an Informal Settlement Conference to discuss the matter generally with the CTP insurer, and after extensive negotiations the matter resolved in the sum of $600,000.00. 

Conclusion:

Mrs H was ecstatic about the settlement as the insurer had previously disputed that her injuries did not exceed the 10% threshold. If you have been involved in a similar motor vehicle accident and have suffered serious injuries which have impacted your ability to work or carry out domestic tasks, you should contact our no win no fee lawyers on our toll free number “1800 004 878” and arrange a free no obligation consultation with one of our Personal Injury Lawyers.