Our 48-year old client tripped on uneven pavers at the premises of his rented apartment and torn the ligaments in his right ankle and also sustained soft-tissue injuries to his back, left knee and left ankle.
Whilst our client’s initial injury was fairly minor, as a result of continuing problems in his right ankle our client had three operations to repair his right ankle which ultimately ended in fusion surgery to his right ankle. As a result of this, his left ankle condition worsened and he ultimately also required fusion surgery to his left ankle.
Our client’s back and left knee conditions also worsened as a result of the continuing stress on his body as a result of ongoing problems with both ankles and his treating surgeons indicated he would require in the future further surgeries to his left ankle, a total left knee reconstruction and back surgery.
Economic Loss issues
Our client was a member of the Australian Defence Force and, as a result of his injury, was unable to continue working in the position in which he had originally commenced with the Australian Defence Force.
He was transferred to a desk position as he was unable to keep up with the rigorous training regime required of his position and was unable to actively serve in his capacity and accordingly lost income, higher superannuation payments by his employer and special allowances which were paid to serving members of the Defence Force whenever they actively served overseas. He was also overlooked for promotions within the Defence Force.
We commenced Court proceedings against the strata plan and claimed negligence for failing to repair and/or maintain the pavers. We also alleged the strata plan failed to maintain, renew or replace the uneven pavers under the Strata Schemes Management Act 1996.
The Defendant denied negligence and claimed our client failed to keep a proper lookout, exposed himself to a risk of injury and failed to avoid an obvious hazard.
Our client’s claim was set down for hearing but just prior to the matter being heard, he was medically discharged from the Australian Defence Force. This altered the amount of damages he was entitled to claim significantly such that the hearing was adjourned.
During the time set aside for the original hearing, we managed to convince the Defendant to attend an Informal Settlement Conference to attempt settlement of the claim.
Our client was extremely delighted to settle his claim for the sum of $850,000.
We are a highly focused and specialized law firm being small enough to care yet large enough to have solid financial, medical and expert resources to match the big defendants and insurance firms. Our simple no win no fee arrangements and written guarantee to reduce fees in the unlikely event of a poor result is unmatched in the legal industry Australia wide