Man in Central NSW injured in a motor vehicle accident receives $240,000 in compensation

Published 23 Mar 2018

A man from the Mid New South Wales received $240,000 by way of compensation for the injuries he sustained in a motor vehicle accident.

Our client was the driver of a vehicle travelling on dirt roads. The defendant driver turned from a side street in front of the path of our client creating a cloud of dust. As a result, our client swerved to the opposite side of the road and the vehicles collided. Our client sustained several injuries including Injuries to his neck, ribs, sternum and shoulder.

He consulted the expert solicitors at Gerard Malouf & Partners and a claim was lodged with the CTP insurer of the driver at fault.

The CTP insurer admitted liability for the accident but alleged that our client was 50% at fault.

By admitting liability, meant that his 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 independent assessments of our client by a medicolegal specialist doctor to assess his whole person impairment at no up-front cost to him. We also referred our client for an assessment through the Medical Assessment Service (MAS) and his injuries were assessed as having a whole person impairment of greater than 10%.

This meant that we were able to claim pain and suffering damages as well, also known as damages for non economic loss.

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

We effectively argued against the allegation that our client was 50% at fault and were able to secure a settlement of his claim for $240,000.

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 his injuries. Our client was awarded damages for the following:

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

No claim was made for any loss of income as he was not working at the time of the accident and had retired.

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.