Deceased Man’s family awarded compensation for his motor vehicle accident

Published 28 May 2018

A Sydney man was stationary in his vehicle at a set of traffic lights at an intersection. While waiting at the red light, a vehicle collided into the rear of our client’s car.

In the accident, our client injured his neck, left shoulder, left arm and shock. He also experienced paraesthesia in both his hands.

Our client was not working at the time of the accident as he was suffering from lung disease.

As a result of the motor vehicle accident, he was unable to perform his usual domestic duties and so required domestic assistance in and around his home. A claim for domestic assistance can be made, even if the duties are being performed gratuitously by friends or family members. However, only 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.

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 his whole person impairment at no up-front cost to him.

Unfortunately, our client passed away before his claim could be fully assessed. Despite this however, the claim was brought on behalf of his surviving spouse for all losses from the date of the accident until the date of our client’s death.

This included a claim for past treatment expenses, past domestic assistance and some legal costs.

A settlement conference was also arranged with the insurer in an attempt to settle the claim. As a result, our late client’s wife was awarded compensation for these past losses.

Our experience in these matters meant that we were able to effectively argue in favour of our client’s family, and obtain a settlement sum for his injuries.

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.