On April 1, 2016, the defendant’s car collided with the plaintiff as she rode passenger on a motorcycle driven by her father. At the time of the crash, during which the plaintiff was 12 years old, she and her father suffered serious injuries. She has lingering pain in her right hip and left wrist and suffers anxiety and depression from the trauma of the accident.
The liability of the defendant, easily decided due to her admitted negligence, was not at issue in this case. Rather the parties differed in particulars surrounding the severity of the plaintiff’s injuries and their effect on her ability to work in the future. Under the Motor Accidents Compensation Act 1999 (NSW) the plaintiff sought damages, by her tutor mother, for fractures to her right femur, left wrist, left scaphoid, and right foot, for soft tissue injuries to her spine, and for psychological damage.
The court’s ruling
Prior to the accident, the plaintiff had shown interest in working with children and she continues to pursue that interest through school work experience at a child-care centre. However, she experiences soreness in her hip and wrist following her work experience. This pain along with her anxiety and depression, perpetuated in part by concern for her father’s well-being following the accident, puts into question her ability to work full time in childcare. For these reasons on November 20, 2019, the court awarded the plaintiff $77,768 in damages including:
This result points to the importance of remembering that the effects experienced following a motor vehicle accident are often the details that win the case.
If you or your children have suffered a motor vehicle accident, you may find that you too can receive great financial compensation. Get in touch with the legal experts at Gerard Malouf and Partners to find out more.