Sydney woman slips down stairs and receives $100,000 plus costs in compensation

Published 01 Aug 2018

A Sydney woman received $100,000 plus costs by way of compensation for the injuries she sustained in a public liability accident.

Our client was walking down a set of poorly lit external stairs at a school, during the course of her employment as a cleaner, when she slipped and fell.  Our client sustained a serious injury to her right ankle.

Our client had to take a couple of months off work and then returned to work on light duties until undergoing surgery to her ankle. Thereafter, she was off work for a further 3 months and then returned to work again on light duties. A claim could therefore be made for her loss of income as a result of this accident.

She also required domestic assistance around her home from family members to undertake the tasks she was no longer capable of doing.

She consulted the expert solicitors at Gerard Malouf & Partners and a claim was filed in the District Court of New South Wales.

Witnesses were interviewed in an attempt to corroborate our client’s version of events and an expert report was obtained to comment on the condition of the steps and the lighting at the time of the accident.

The defendant disputed liability in the case and filed a Defence.

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 medicolegal specialist doctors to obtain reports in support of the claim, at no up-front cost to our client.

After collating all relevant medical evidence and significant preparation in her case, a settlement conference was arranged in an attempt to settle the claim before proceeding to a hearing at Court.

Our client claimed damages for the following:

  • General damages;
  • 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.

Following a failed settlement conference, Gerard Malouf & Partners served an offer of Compromise on the defendant. We maintained our position and were confident that our client’s injuries were serious and warranted significant compensation.

In the week prior to the case being listed for hearing, further settlement discussions were held with the defendant. As a result of our persistence, an agreement was reached between the parties for a settlement amount of $100,000 plus legal costs and disbursements. This was an excellent result for our client.

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 her injuries.

If you have been injured in an accident and you have sustained injuries, 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.