Man seeks compensation for car accident brain injuries

Date: Aug 31, 2017

A man who claims to have suffered significant brain injuries following a car accident has been granted a medical assessment review after he rejected doctors’ claims that he wasn’t permanently impaired.

The plaintiff’s car was side swiped by another vehicle in 2013, resulting in his car spinning out of control and causing a collision with a truck. The crash resulted in the roof of his vehicle crumpling into the passenger cabin and striking the man on the back of his head.

While the relevant insurer has admitted liability for the accident, the firm has rejected the man’s assertion that his alleged brain injury constitutes an impairment of greater than 10 per cent.

This figure is important because it would entitle the plaintiff to compensation for pain and suffering and other non-economic losses under the Motor Vehicle Compensation Act 1999.

Plaintiff seeks review of medical assessments

The task of calculating car accident victims’ level of impairment falls on approved medical specialists in NSW.

For this case, two experts – a neurosurgeon and a psychiatrist – diagnosed the plaintiff, and both returned verdicts that he did not meet the 10 per cent permanent impairment threshold.

The man challenged their assessments in the Supreme Court, hoping to vitiate their rulings. Justice Stephen Campbell disagreed with the plaintiff’s claim that the first doctor had failed to perform the appropriate assessment, but acknowledged that the second expert committed a jurisdictional error.

In other words, the assessor overstepped their statutory boundaries when ruling on the man’s injuries.

As a result, the judge quashed the professional’s medical assessment and ordered that the matter be remitted to the State Insurance Regulatory Authority for review.

What does this mean for the plaintiff?

A review of the second medical assessment keeps the plaintiff’s hopes alive of receiving a larger lump sum compensation payment.

Additional financial support can prove crucial for people who sustain permanent disabilities in car accidents, as their injuries may impact their ability to work or prevent them from returning to the workplace at all.

To have the best chance of receiving maximum compensation for car accident injuries, it’s important to contact expert lawyers who can gather evidence on your behalf.

Gerard Malouf & Partners Compensation, Medical Negligence & Will Dispute Lawyers has decades of experience resolving motor vehicle accident cases. Get in touch with us today to find out more about our no-win, no-fee services.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts or email your enquiry.