Natalie’s story: From no case to $370k after a footpath fall

Delivery driver Natalie fell on a cracked, sunken concrete pit cover, sustaining severe ankle injuries. GMP Law’s public liability team secured a $370k settlement. Expert advice makes all the difference.

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The case

Natalie was the epitome of an active, outdoor-loving Australian. As a food delivery driver, she spent her days on the move, and her free time was filled with the activities she loved most:  bushwalking with her husband, taking long walks to the beach with their dogs, bike riding along coastal paths, and swimming in the ocean. Life was full, active, and uncomplicated.

“I didn’t have any physical limitations that held me back from living my life,” Natalie reflects. “I was very outdoorsy, always on the go. My husband and I would spend our weekends exploring new bushwalking trails with our dogs.”

In an instant, on an ordinary day while making a routine food delivery in a NSW town, everything changed.

The fall

It was a day like any other in 2023. Natalie was walking along the footpath, focused on delivering her customer’s order, when she fell.

“I was walking along the footpath when I stepped onto a concrete pit cover. It was cracked and sunken, and as soon as I put my weight on it, it shifted. My foot rolled inward and I fell straight away.”

The danger was effectively hidden from view.

“Because of the shadows, I couldn’t see the depth. The soil around the concrete cover looked level, but the hole I fell into was much deeper than it appeared.”

The pain was instant and overwhelming.

“I had severe swelling, excruciating pain. I was not able to get up, and I needed assistance.”

A witness who had seen the fall came to her aid, even delivering the food order on Natalie’s behalf while helping her to the car.

Unable to drive herself, Natalie called her daughter, who rushed her to the hospital. The initial X-rays were inconclusive, showing little evidence of the extent of the damage.

“The whole week I was not able to weight bear. I was in excruciating pain. I thought, I’ll go to the physio, but the physio said no, go and get an MRI.”

The extent of her injuries revealed

The MRI revealed the true extent of Natalie’s injuries: multiple tears—both full and partial—as well as a fracture. The damage wasn’t short-term, and it didn’t resolve with time.

“Even in my most recent scan in early 2025, I still have a full-thickness tear and a partial tear. The tendons attached back to the bone, but they never properly repaired. My ankle is still unstable.”

The injury made walking painful and unreliable, forcing Natalie to drastically reduce her movement and limiting her ability to work and stay active. Activities that had once been part of daily life became difficult, then impossible.

As her mobility declined, the effects spread well beyond her ankle. Unable to maintain her active lifestyle, Natalie was diagnosed with high blood pressure.

“Now, a couple of years later, the muscles in my pelvic area and my lower back have weakened. That’s caused further problems throughout my body. My pelvis can’t support me properly now. I still see my physiotherapist regularly and wear a sacro belt to help stabilise it.”

What began as an ankle injury became a chain reaction. Ongoing instability, reduced mobility, and secondary health issues that continue to affect how Natalie walks, works, and lives day to day.

Life transformed

The impact on Natalie’s daily life was profound. All the activities she had loved—bushwalking, the beach trips with her dogs, bike rides with her husband—became impossible.

Her work as a delivery driver became untenable. She could no longer work the hours she had previously managed, and tasks that had once been routine now required assistance from her husband and son. She had a horse to care for that needed tending twice daily, responsibilities that now fell to her family members.

The financial strain compounded the physical and emotional toll.

“I had the potential to earn a good salary, but was unable to. Then, I had to look to my family for financial support and for help. I felt financially insecure, and I was worried about how I was going to get the money I needed for my recovery so I could get back into life again.”

A legal journey gone wrong

Recognising she needed legal advice, Natalie initially approached another law firm. After some early discussions, she was left unsure about how her claim could progress.

“I didn’t feel supported or reassured. There wasn’t much clarity about what would happen next, and I didn’t feel confident continuing.”

The firm explored a potential claim against the local council. While there had been a prior complaint relating to the area around the concrete pit, it was recorded as concerning the surrounding grass rather than the pit cover itself. On that basis, the firm advised that a claim against the council was unlikely to succeed. No alternative defendants were identified at that stage.

“After that, I didn’t hear anything further. I felt like the matter had stalled.”

At a time when Natalie was managing ongoing injuries and financial uncertainty, the lack of clear direction made it difficult for her to see a way forward.

A second chance at justice

In June 2023, Natalie sought a second opinion from GMP Law. From the outset, the focus was on understanding the circumstances of her injury and exploring all available legal pathways.

“I spoke with Monica Sadek and explained that I’d previously been told my case couldn’t proceed,” Natalie says. “Monica spoke with a barrister straight away, and then the barrister spoke with me. For the first time, I felt reassured that my situation had been properly considered.”

After reviewing the facts, GMP Law identified a different legal approach.

“Natalie had been advised there was no case against the council,” Monica explains. “However, this wasn’t a council matter. It involved responsibility for the pit and its cover, a type of claim we regularly run. Natalie had suffered serious injuries and needed clear advice, so we took the matter on, briefed a barrister, and proceeded with litigation.”

By identifying the appropriate defendant and duty of care, GMP Law was able to progress the claim and provide Natalie with a clear path forward.

Building trust and confidence

For Natalie, the contrast between her two legal experiences couldn’t have been starker.

“I didn’t have to send through an overload of things, which was really good. The process felt manageable. I felt like I could trust the process. I had the transparency and support.”

Monica’s approach to communication was particularly important.

“Monica even explained there would be periods of time when I wouldn’t hear from her, but rest assured, we are progressing the claim,” Natalie says. “When something happened, she would let me know. This support was helpful for my recovery and to believe that I’ve got someone on my side. That was huge to know that I have the support.”

The impact on Natalie’s wellbeing was immediate.

“Those anxieties about money and recovery, they fell away, knowing there will be something at the end of it. Knowing that the settlement would be just and right and owed to me, I could then know that I could continue with my physio.”

Even when doubts crept in, Monica was there.

“Even when I was having worries through the process, I was able to get reassurance,” Natalie explains. “Even if I had to hear it twice, she would tell me twice.”

The legal battle

The case was far from straightforward.

“The Defendant did not accept the facts of the matter and circumstances of the incident put forward by the Plaintiff,” Monica notes. “The Defendant was non-responsive throughout the proceedings.”

However, GMP Law had crucial evidence on their side: photographs that Natalie had taken at the time of the accident and before the area had been fixed after she reported the incident. These photographs clearly showed the dangerous condition of the pit cover.

“We had great photographs and relied on previous judgments handed down in the Court of Appeal,” Monica explains. “This ensured we didn’t overspend on the matter while still building a compelling case.”

As the case progressed toward a hearing scheduled for September 2025, pressure mounted on the defendant. Just one week before the hearing was due to commence, the matter finally settled.

The outcome

Fighting on two fronts

Even with a settlement achieved, there was another battle to fight. Despite having closed Natalie’s file and advised there was no case, the other law firm was still pressing for their costs.

“Given that the matter did not settle at the initial settlement conference and went closer to hearing, our costs increased and the other law firm were still pressing for their costs even though they closed the file due to no prospects,” Monica explains.

“After some correspondence, the other law firm conceded they would no longer press for their costs, which ensured that the client got the majority of the funds.”

This additional step meant Natalie retained more of her $370,000 settlement, a settlement Monica notes was significant for a public liability matter of this nature.

Total settlement amount: $370,000

A life reclaimed

The settlement has been truly life-changing for Natalie.

“It has changed my life. I had to stop physiotherapy before because of finances, but now I can focus properly on my recovery and treatment.”

The financial security has lifted a huge burden.

“I wouldn’t have been able to afford physiotherapy alongside my other expenses without knowing the settlement was coming,” Natalie explains. “The stress and financial pressure are gone, and that has really helped my recovery.”

But the benefits go beyond money. There has been real improvement in her physical health and quality of life.

“My muscles have weakened in some areas, but with my braces and walking sticks, I can participate in life again. I can bushwalk, and that’s a huge step forward. My cardiovascular health is improving, and my blood pressure hasn’t worsened.”

Being able to continue physiotherapy without worrying about cost has been transformative.

“I can just go to my physio, no financial constraints, and that helps me feel better. My ankle still has instability, but it’s controlled and managed with physio. I can return to work. Not full-time, but for some hours.”

Perhaps most importantly, Natalie has found a new balance in life.

“It’s a new way of living, definitely. But, I can rest my ankle when I need to, and I don’t feel the pain the same way anymore.”

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Thank you for believing in my case

5 Star rating

I am very grateful for the outcome because now I am able to do the things that I would not have been able to do without that support. Thank you to Monica and the team at GMP Law for believing in my case when others didn’t.

Words of wisdom

Natalie’s advice to others who find themselves in similar situations is clear and heartfelt.

“Get the right people. They guide you through it. You have to trust in the process, but when you find the trusted people, it helps relieve anxiety and pressures. Relax in it, otherwise you can get yourself quite worried.”

She emphasises the importance of letting your legal team carry the burden.

“Trust the process and what has been spoken to you, then you can move on with your day. Focus on yourself, and let your lawyers carry the case. There will be an outcome.”

Her final piece of advice speaks to the patience required.

“If you do have any concerns, send through a little email or ask. Be patient for the reply. It will come, but you have to be patient. It is a learning experience.”

Key takeaways

  1. Second opinions matter. Don’t give up if the first law firm says you have no case.
  2. Correctly identifying the liable party is crucial in premises liability cases.
  3. Photographic evidence taken immediately after an incident can be decisive.
  4. Transparent communication and emotional support are essential during lengthy legal processes.
  5. Persistence pays off, even when defendants are non-responsive.
  6. Financial security enables proper recovery and rehabilitation.
  7. Fighting for clients extends to protecting their settlement from unjustified cost claims.

Monica emphasises what made this case succeed.

“Being patient and trusting the process. We do not give up for our clients just because defendants don’t respond and ignore us. We don’t just disappear.”

This persistence, combined with proper identification of the liable party from the outset, made all the difference. Where Natalie’s first lawyers had given up, GMP Law saw a winnable case and fought for it.

Contact GMP Law

This case highlights GMP Law’s dedication to pursuing justice when unsafe conditions or negligence cause serious injury.

If you’ve been hurt in a public place, reach out to GMP Law. Our team of lawyers will help you maximise your claim in the minimal time possible.

Meet the lawyer

Monica Sadek

Senior Associate

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Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.

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