Our 55 year old client was most satisfied in completing a work injury damages claim for a round figure of $300,000.00 in what was a very highly contested work injury damages, common law claim.
Though the insurer had accepted liability in relation to the no fault system under the workers compensation legislation, where he had already received $368,000.00 for payments of weekly compensation and medical expenses, with a further amount of $50,000.00 of lump sum tax free benefits, his common law claim however was hotly contested.
There were many factors and barriers we had to overcome in order to finalise a very satisfactory resolution.
The injury had occurred in July 2003 and once we had commenced common law proceedings in 2012, it was already nine years since the date of injury. There is a three year limitation period in which to commence common law proceedings and this was well out of time.
Further, based on factual evidence presented by the employer, liability on negligence was strongly disputed by the insurer.
However, when the matter proceeded to mediation where we had presented our complete evidence on liability and quantum, the insurer with an experienced solicitor, sensibly offered considerable compensation in damages.
The insurer and their solicitors had no doubt that if the matter proceeded to court, we were well positioned in succeeding. With common sense and logic, this matter then resolved with a very satisfying outcome.
With our assistance our client had received close to $720,000.00 in compensation, $350,000.00 being of tax free benefit.
In this case, as in others, our satisfaction is our client’s satisfaction.