Hurstville Resident receives $28,000 in Compensation following Rear End Car Collision

Published 06 Jun 2018

The Claimant is a 74 year old Hurstville resident who was a homemaker at the time of the accident. On 6 January 2016, Mrs M was a Driver of a vehicle which was hit from behind while stationary. As a result of the accident Mrs M suffered injuries to her right and left leg as well as aggravations to the pre-existing neck and lower back injuries.

The insurance company admitted liability and started paying for the claimant’s treatment. The claimant had extensive physio therapy as a result of the injuries sustained. As a result of the injuries sustained, the claimant was unable to return to looking after their properties specifically the fresh produce which the claimant would grow in her backyard prior to the motor car accident.

As a result of being unable to look after the property the claimant had to reply upon her grandchildren to attend regularly to ensure that the garden did not fall into decay.

6 months following the accident Mr Hairs organised for the plaintiff to be seen by an orthopaedic surgeon as well as government doctors to determine the claimants level of whole person impairment.

It is widely known that a whole person impairment of 11% or more will entitle a claimant to damages for their pain and suffering following the accident. Unfortunately in the circumstances due to the claimant’s extensive pre-existing injuries to their neck and lower back they were only found to have a whole person impairment of 5% after a discount of 10% was made for their pre-existing injuries.

Upon receipt of the orthopaedic report Mr Hairs was in a position to enter into settlement negotiation with the CTP insurer of this matter.

Within 2 months of receiving these reports Mr Hairs had engaged the CTP insurer to participate in an informal settlement conference. The claimant’s matter settled for $28,500.

The Claimant was very grateful for the money which they received which was put towards a gardener to ensure that her fresh produce garden did not go to waste.

At Gerard Malouf and Partners we are not a giant publicly listed Law Company, but are 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 recourses our clients need to fight and win their cases!