Woman receives $350,000 injury compensation from a motor vehicle accident

Published 09 Nov 2017

A Sydney woman was hit from behind whilst driving her vehicle in slow moving traffic. She was awarded $350,000 by way of compensation for the injuries she sustained.

Our client injured her neck, head and suffered a right retinal detachment. As a result of her injuries, she was unable to work for over 1 year and had to recommence building her business. Even upon her return to work, she was limited in the amount of hours she could work and suffered significant economic loss as a result. This in turn effected her daily living.

This woman also required domestic assistance in and around her home as she was unable to perform the duties she was previously capable of doing prior to this motor vehicle accident. A claim for domestic assistance can be made, even if the duties are being performed gratuitously by friends or family members if the assistance is provided for at least 6 hours per week for a minimum period of 6 months. This assistance must be for duties that a person was doing around the home prior to their accident but now as a result of their injuries, requires assistance with.

This client was assisted by senior solicitor Rita Furfaro of Gerard Malouf & Partners. A claim was lodged with the CTP insurer of the driver at fault.

The CTP insurer admitted liability and fault for the accident. This meant that her claim did not need to be heard in Court and argued before a Judge but rather could be dealt with more informally through the Claims Assessment Resolution Service (CARS).

We acted in accordance with our ‘’No Win No Fee’’ policy and requested reports and clinical notes from our client’s treating doctors. We also arranged assessments of our client by a medico legal orthopaedic surgeon and psychologist to assess her whole person impairment at no up-front cost to her.

Given that our medico legal doctors assessed our client as having a whole person impairment of greater than 10% and the fact that the CTP insurer did not concede this threshold, we lodged an application with the Medical Assessment Service (MAS) to have our client’s injuries assessed by independent medical assessors.

Our client was also assessed by a MAS assessor as having a whole person impairment of greater than 10% and as a result was also entitled to claim damages for non economic loss, also known as pain and suffering damages.

After collating all relevant medical evidence and significant preparation in her case, a settlement conference was arranged in an attempt to settle the claim before lodging it with CARS.

Our experience in these matters meant that we were able to effectively argue in favour of our client and obtain a substantial settlement sum for her injuries. Our client was awarded damages for the following:

  • Non economic loss;
  • Past and future loss of income;
  • Past and future medical expenses; and
  • Past and future domestic assistance.

If you have been injured in a motor vehicle accident that was not your fault, speak to one of our expert solicitors at Gerard Malouf & Partners Compensation Lawyers on 1800 004 878 for a free, no obligation consultation or complete our email enquiry form.