Western Sydney man wins $320,000 in compensation after rear-end motor vehicle accident

Published 02 Nov 2017

This matter concerned a 50 year old man who was rear ended while waiting at a red traffic light.

As a result of the accident our client sustained soft tissue injuries to his neck, lower back and both shoulders. These injuries caused him to develop a psychological injury.

At the time of the accident, our client was in the early stages of developing of a new fly fishing lure for fishing. He had been in receipt of a payment from NEIS (New Enterprise Incentive Scheme) to assist him as he planned and developed his idea into a business he could earn an income from.

Our client was passionate about his idea for a new fly fishing lure and had taken steps to obtain the legal patent and copyright for the prototype. There was nothing else on the market quite like it and he was confident it would be a success.

As a result of the physical injuries he sustained he was unable to get back into his work for a number of months. Each prototype would take up to 30 hours to hand make and he needed to make a lot of different colours and sizes of the prototype in order to try and sell his idea to a manufacturer or a fishing shop which could market and make the fly fishing lure in large volume.

Because of his inability to return to his passion, our client developed a psychological reaction. He became depressed and was unable to sleep or concentrate on his idea, making it even harder to work.

Fortunately, the client was assessed by the Medical Assessment Service and received a greater than 10% whole person impairment rating for his psychological injury. This meant that he was eligible for compensation for pain and suffering.

As well as compensation for pain and suffering, our client received compensation for treatment, economic loss and future domestic care.

The matter proceeded to a settlement conference wherein he was represented by a solicitor of Gerard Malouf & Partners together with a barrister.

Negotiations with the insurer occurred over the course of approximately 3 hours.

The solicitor and barrister attending happened to be passionate fishermen and loved the client’s new idea and hoped that one day it would be a product they could buy. The client was genuine in his efforts and beliefs that his product would be a success.

The insurer was pushed to their limits to achieve the maximum compensation for our client at the settlement conference.

The client was overwhelmed with the result he received.

If you have been injured in a motor vehicle accident, you should always seek advice from a lawyer about your rights to claim compensation from the driver at fault’s insurer. Gerard Malouf & Partners are accredited specialists in motor vehicle accidents and we will fight hard against insurance companies who attempt to reduce your compensation by blaming you in any way for the accident. Call 1800 004 878 to speak to one of our specialist lawyers.