Sydney woman receives compensation as a result of a psychological injury suffered following her partner’s motor vehicle accident

Published 15 Jun 2018

A Sydney woman has suffered from a recognised psychiatric injury as a result of a motor vehicle accident her partner was involved in.

The woman, our client, suffered from anxiety and distress fearing for the safety of her partner following his motor vehicle accident.  She was awarded compensation for her injuries.

This client was assisted by senior solicitor Rita Furfaro of Gerard Malouf & Partners. The insurer for the vehicle at fault in the accident denied liability towards any injury sustained by our client.  The insurer sought confirmation by way of medical evidence that our client was suffering from a recognisable psychiatric illness.

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 an assessment of our client by a medico legal psychiatrist to assess her whole person impairment at no up-front cost.

This evidence was obtained in support of our client’s claim that she was suffering from a recognisable psychiatric illness

After collating all relevant medical evidence and significant preparation of her case, a claim was lodged with the Claims Assessment Resolution Service (CARS) and her matter was set down for a hearing.

In the week prior to the hearing, the insurer issued an amended notice now admitting liability for this accident. On the day of the hearing the insurer was interested in engaging in settlement discussions in an attempt to settle the claim before the matter proceeded to an assessment hearing before an Assessor appointed by CARS.

A claim was made for treatment expenses for the past and future as well as for a claim for loss of income for the past and future.  As a result of her injury, our client was unable to return to full-time work and was also not in a position to accept a managerial position within her workplace.

We were successful in obtaining compensation for our client. Our experience in these claims meant that we were able to effectively argue in favour of our client.

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.