Age no barrier for claiming loss of wages due to car accident

PUBLISHED 04 Nov 2014

A timely reminder that age is no barrier to claiming loss of wages if you are injured in a car accident.

Our client was 55 years of age at the time of the car accident in 2011. She was not at fault for the accident. She subsequently underwent a neck operation.

She exceeded the threshold to receive non-economic loss for pain and suffering who had assessed her at 27% Whole Person Impairment for her neck injury.

Whilst she was not working at the time of the accident and helping to look after the grandkids, it was always her intention to return to the workforce.

The insurer denied the claim for loss of wages. We obtained independent medical evidence from family and friends and from the injured party that it was her intention to return to work. From her injuries from the car accident, she was not able to return to the workforce.

The end result was that the insurer was prepared to allow for a buffer for future loss of wages and future out of pocket expenses as claimed by the injured party.

She succeeded in settling her claim for a substantial award which included pain and suffering, past and future medical expenses, past and future loss of wages, past and future care and domestic assistance and legal costs.

The injured party only consulted us at the beginning of 2014. We were able to martial the necessary factual and medical evidence to substantiate all aspects of her car accident claim.

She is currently 58 years of age and has received a substantial award and settlement through our quick resolved to compile all of the evidence and place the insurer in a position where it was in their best interest to resolve the matter and incorporate a reasonable buffer of future loss of wages even though they initially submitted that it was their intention to maintain the position that the injured party never had any intention to return to the workforce since retiring and noting that she is currently 58 years of age.

Therefore if you are injured in a car accident and your injuries and continuing symptoms affect your ability to return to work, you are entitled to claim for past and future loss of wages or in the alternative a buffer to take into account any future loss of wages by reason of your disabled state.

For a free no obligation consultation, please contact us on our toll free number, 1300 768 780 so that an appointment can be arranged for you.

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