Nine Years After Accident, Plaintiff Awarded Half a Million

Date: Feb 02, 2020

In a drawn out case over an accident involving a motorcyclist and an unnamed driver in New South Wales, the plaintiff was finally awarded in excess of half a million dollars for ongoing pain and suffering.

The incident

In November of 2010, the plaintiff was riding motorcycle and traveling behind a vehicle. Another car came out of a side road and failed to yield to the vehicle, forcing it to brake sharply, and the motorcyclist was forced in turn to make evasive maneuvers. The motorcycle was overturned, and the plaintiff suffered a back injury and a significant injury to the ankle.

The aftermath

The plaintiff’s ankle injury was such that spasms would cause the foot and leg to clench and the ankle to invert, as the toes clawed and the victim fell to the ground. This prevented the plaintiff from being able to resume his former level of work, and it was made clear that he would retire much earlier than could have been expected had he not been injured.

The facts

It was not in dispute that the plaintiff was riding his motorcycle behind a vehicle proceeding along Swinbourne Street near the intersection with Kurnell Street. Also not in dispute was the fact that an unidentified vehicle proceeded out of Kurnell Street and failed to give way to the vehicle behind which the plaintiff was travelling. It was unilaterally agreed that this action by the unnamed driver caused that vehicle to brake suddenly, forcing the plaintiff to take evasive action. These were fully agreed to be the circumstances that resulted in the plaintiff falling from his motorcycle and suffering injury.

There was no issue between the parties that the plaintiff had undertaken due enquiry and search in relation to the unidentified vehicle., as required by the insurer. While there was an agreement between the parties in relation to liability and contributory negligence, as the parties agreed that there was a breach of duty of care owed to the plaintiff by the driver of the unidentified vehicle for whom the defendant was responsible, there was also an agreement as to the percentage of the reduction for contributory negligence, although it was not brought to bear in the Court proceedings

The claim

The plaintiff requested damages for:

  • Past out-of-pocket expenses
  • Future out-of-pocket expenses
  • Past economic loss and loss of earning capacity together with the Fox v Wood component
  • Past commercial assistance (lawn mowing)
  • Past domestic assistance
  • Future domestic assistance
  • Past and future childcare assistance
  • Future loss of earning capacity

The decision

The Court agreed that the plaintiff had a strong case, and while not all claim amounts requested were agreed to, the claims above were awarded in an amount totalling more than half a million dollars and requiring the unnamed defendant to pay court costs.

Having clear, logical documentation of injuries, work capabilities and medical doctor testimony was crucial to this case, as was proper representation. If you have been the victim of a car accident, contact Gerard Malouf & Partners Compensation, Medical Negligence & Will Dispute Lawyers.

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