64 Year old Woman Pedestrian Receives $590,000 in Compensation for Severe Motor Vehicle Injury

Published 21 Dec 2018

We acted for Mrs P, a 64yr old woman who was seriously injured in a motor vehicle accident in Western Sydney in 2017. She was waiting to cross at a pedestrian crossing on a main street, with a green pedestrian light, indicating it was safe to cross the street. When Mrs P was nearing the middle of the street, she was struck at speed by a vehicle who failed to stop for pedestrians while turning right. Mrs P became airborne before colliding with the road. Thereafter, Mrs P’s injuries were so severe, she was rushed to hospital where she remained for nearly a month.

As a result of the motor vehicle accident Mrs P sustained severe injuries, including a significant injury to her shoulder, leg and psychological injuries.

Mrs P was the primary income earner in her household and was greatly concerned for her financial future as a result of her injuries. She called Gerard Malouf & Partners Compensation Lawyers for more information and to see if she had a claim.

Action Taken:

We opened a file on Mrs P’s behalf and assisted her in completing the Personal Injury Claim Form which we promptly lodged with the CTP Insurer. Liability was wholly admitted and the CTP Insurer acknowledged that the at fault driver caused the accident and Mrs P’s injuries.

When Mrs P’s injuries were stabilised, after extensive treatment, both GMP and the insurer arranged to have Mrs P medico-legally assessed to determine the full extent of her injuries and ongoing impairment. We had our client assessed and on our medico-legal evidence, our client was over the 10% threshold, entitling her to claim general damages as well as her out of pocket expenses, ongoing wage loss and assistance around her home. We served that report on the CTP Insurer and they conceded our client was over the threshold.

Once we received the concession we promptly arranged a settlement conference to take place with the CTP insurer to attempt to resolve proceedings and gain maximum compensation for Mrs P.

Conclusion:

A settlement conference was arranged with the CTP insurer, who acknowledged the significant and lifechanging events Mrs P had been subject to as a result of the accident. In preparation for the settlement conference we prepared a schedule of damages, on our client’s behalf and served this on the insurer a week or so prior to ensure they had proper time to consider our claim and our client’s significant injuries.

After extensive negotiations, the Insurer accepted Mrs P’s offer of $590,000.00 to resolve her claim against their insured driver. The settlement represented an incredible result for Mrs P who was delighted at achieving compensation over and above her expectations.

If you are a driver and have been recently involved in a motor vehicle and have suffered some serious injuries, please do not hesitate to contact Gerard Malouf and Partners Compensation Lawyers on our toll free number 1800 004 878 and speak to one of our accredited specialist who can give you advice in relation to the procedures, the processes and your rights to make a clam.