Sydney Pedestrian injured in a motor vehicle accident receives $125,000 in compensation

Published 19 Jul 2018

A Sydney man received $125,000 by way of compensation for the injuries he sustained in as a pedestrian in a motor vehicle accident.

Our client was walking across a pedestrian crossing when he was hit by a vehicle.  The driver of that vehicle was charged with negligent driving. Our client sustained several injuries including Injuries to his right knee, fractured spine suffered shock.

Our client had to take a couple of weeks off work and then returned on light duties for two months. Thereafter, he returned to full duties but was unable to complete the heavier physical labour component of his work as a result of the injuries sustained in this accident.

He also required domestic assistance around his home from friends and family members to undertake the tasks he was no longer capable of doing.

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.

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.

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 proceeding to hearing at CARS.

Our client claimed damages for the following:

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

Unfortunately, the insurer was not willing to offer compensation in the vicinity of the worth of our client’s claim and the matter was listed for hearing.

On the day of the hearing and before appearing before the CARS Assessor, negotiations were again conducted.

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.