Elderly Sutherland woman receives $135,000 after falling on uneven pavers

Published 29 Mar 2018

A Sutherland woman has received $135,000.00 after falling on uneven pavers. A local bridge over a railway track was being upgraded with a number of contractors hired to perform the contract work. The work was organised by the local council and required the approval of railway authority for the work to be performed.

Upon having the approval, the council contracted the work out. One of the contractors was removing pavers and replacing them once work was completed. With regard to this particular accident, one of those contractors failed to properly replace the paving.

Our client, an elderly lady of 88 years, was walking across the newly laid paving. Unknown to her, the uneven paving was sticking out and she has tripped, causing serious injury.

Given her age, this client brought no claim for economic loss. Her claim was predominantly one for pain and suffering, and care and assistance.

This lady attended upon the expert compensation lawyers of Gerard Malouf and Partners for a free consultation. During this consultation, our compensation lawyer discussed the claim generally with the client, on a no obligation basis. The client was advised from the outset that our firm operates on a no win no fee basis, and was advised that the costs of the claim would be covered by the firm for reimbursement upon settlement. Our client was happy for our firm to commence acting on his behalf.

With respect to these claims against Council’s, it is the practice of our expert personal injury lawyers to request documents held under Government Information (Public Access), otherwise known as GIPA. These documents provide us with all information the government holds in relation to the accident at hand.

At the same time as requesting these documents, our expert compensation lawyers arranged for this client to be assessed by specialist doctors and occupational therapists. Once all evidence was obtained, action was commenced in the District Court of NSW.

Upon commencement of the claim in the District Court of NSW, it is often the case where our accredited personal injury specialists will serve subpoenas on the defendants. This compels defendants to give certain pieces of documentation to allow for the thorough investigation of the claim. With this evidence in hand, the expert compensation solicitor can determine what, if any, further evidence is required. As it is the role of the Plaintiff to prove the case being brought against the Defendant, it is often the case that an expert liability report is required.

Given the information on hand, our public liability solicitor noted there was enough evidence on hand to invite the defendant to an informal settlement conference in an attempt to settle the claim.

The claim was unable to settle on the day, however negotiations were ongoing thereafter. After approximately one week, our client was happy to accept the offer of $135,000.00 being put by the defendants.

If you or anybody you know has been involved in a public place accident please contact the expert personal injury solicitors at Gerard Malouf and Partners for a free consultation to discuss your legal entitlements.