Balmain man awarded $80,000 compensation after being injured on a bus

Published 11 Sep 2017

A Balmain man has been awarded $80,000.00 after being injured on a public bus. Our client was on his way to work, travelling on a bus as a standing passenger. As the bus was travelling along, the driver has suddenly slammed his brakes. Our client was holding one of the straps at the time and managed to stay upright, however, as a result of the sudden jolt, he sustained injury to his upper arm which required a surgery.

Following his accident, this man attended upon the motor vehicle accident specialists of Gerard Malouf and Partners for a no obligation, free consultation. As the injury was caused through the use and operation of a motor vehicle, our personal injury claims specialist advised that our client file a Personal Injury Claim Form within the relevant time period, and assisted him in filling the form out. Satisfied with the service and the advice, this client instructed us to act for him as per our no win no fee structure.

After submitting the Claim Form, the insurer of the bus accepted liability. Accordingly, the surgery which was required by our client was paid for by the insurer. In accepting liability, the insurer will cover the reasonable costs of all out of pocket medical expenses.

Accordingly, this man was unable to work during his recovery period, and was receiving additional assistance around the home from his partner.

Often in motor vehicle accident claims, the makeup of domestic duties changes. In personal injury matters, a claim can be made for past domestic care and assistance if it is provided to you by family members or friends, on a free basis. This is known as gratuitous care and assistance. If you have sustained injury and have required additional assistance around the home we recommend that you keep a diary noting who provided you with the assistance, what task they provided and how long they spent performing that task.

Following our clients recovery from surgery, we were able to have him medically assessed by our specialists. Medical assessment can only occur once the injury is deemed stable, or once maximum medical improvement has occurred. The principle purpose of the medical assessment is to determine if there is any claim for pain and suffering. In this particular case, our client healed sufficiently whereby he was unable to claim for pain and suffering.

Once the medical evidence and all evidence regarding our client’s losses were finalised, our personal injury lawyer particularised the claim to the insurer, inviting them to put an offer to us. After receiving the initial offer, our motor vehicle claims specialist invited the insurance company to attend upon an Informal Settlement Conference.

During the conference, our expert compensation lawyer advised our client of what the value of the claim was, and confirmed with the client that there is no obligation to settle. After negotiations, the insurer put a final offer of $80,000.00 which our client was delighted to accept in finalisation of his claim.

If you or anybody you know has a motor vehicle accident claim please contact the expert personal injury solicitors at Gerard Malouf and Partners for a free consultation to discuss your legal entitlements.