Homebush Bay resident who sustained shoulder injury in bus accident receives $130,000 in compensation

Published 24 Jan 2018

The claimant was a 37 year old Homebush Bay resident who was a homemaker but also worked a casual role as a furniture sales person. On 1 September 2016, Mrs N was a passenger on a bus to which there was standing room only.

All of a sudden without warning, this bus broke suddenly to avoid a collision with a car which has pulled out from a side street. In doing so, Mrs N has been thrown to the ground where she sustained a torn ligament to her left shoulder. Amongst injuries, Mrs N also sustained injuries to her middle back and to her neck.

The insurance company admitted liability and started paying for the Claimant’s treatment. The claimant had extensive physiotherapy and numerous radiological scans to assess the damage done to her body. As a result of the injuries sustained, the claimant was unable to return to work in her part time role as a furniture sales person.

As the claimant was in her probationary period with her employer, the claimant ultimately lost her position with the company. The insurance company organised a rehabilitation and recruitment officer who was unable to find the claimant a new position even up to a year after the accident.

As a result of being unable to work due to her bus accident, the claimant was unable to meet her monthly living expenses and required financial assistance. Mr Hairs was able to secure the claimant an amount of $12,000.00 in financial advances for hardship so that the claimant could meet her and her family’s living expenses.

As soon as the claimants treating doctors informed the claimant that she had stabilised, Mr Hairs  organised medical appointments with medico legal experts who were able to justify the ongoing expenses that the claimant would continue to occur.

At the same time, Mr Hairs organised the claimant to see government doctors to assess her whole person impairment and determine whether or not she would be entitled to damages for her pain and suffering. 

Within 3 months, these medical reports had been obtained and further evidence to support the claimants claim for her future loss of income as a result of losing her job had also been obtained.

Mr Hairs drafted submissions and invited the insurance company to participate in an informal settlement conference. This Homebush Bay claim was settled that day for $130,000.00 inclusive of legal costs and prepayments made by the CTP insurer.

At Gerard Malouf & Partners we are not a giant publicly listed law company, but a highly specialised and focused personal injury specialist law firm. We are small enough to care intimately for our clients, but large enough to have the solid financial, and expert resources our client’s need to fight and win their cases!