5 year old child receives $10,000 in compensation for a motor vehicle accident injury claim

Published 09 Feb 2018

A 5 year old child was being placed in her child restraint seat in the rear of her parent’s parked vehicle, when another car, driving down the street, collided into the rear open door of the parked vehicle.

The child, our client, was awarded $10,000 by way of compensation for the injuries she sustained.

Our client did not suffer any physical injuries but did suffer psychologically as a result of the accident. She became irritable, clingy, and also became anxious when hearing loud noises such as passing vehicles.

While children injured in accidents are not suffering any loss of income nor do they require domestic assistance around the home, they may require additional care from their parents or guardians as a result of their injuries and disabilities. The cost of their past and future treatment is also taken into account.

While they are still young, the extent of their injuries must also be assessed to determine whether they will impact on their future earning capacity as adults and even their ability to later perform domestic duties.

This client was assisted by senior solicitor Rita Furfaro of Gerard Malouf & Partners. Given that the Claimant was a minor in this instance, an exemption from the Claims Assessment Resolution Service (CARS) was obtained and the claim was commenced in the District Court of NSW.

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 psychologist to assess her whole person impairment at no up-front cost.

After collating all relevant medical evidence and significant preparation of her case, a

settlement conference was arranged with the insurer in an attempt to settle the claim before the matter proceeded to a Hearing before a Judge.

The settlement of children’s claims must be approved by a Judge of the District Court and will thereafter be paid into the New South Wales Trustee and Guardian to invest until the child attains 18 years of age.

If you or your child has 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.