In this matter we acted for a 63 year old woman who stumbled on a box protruding from the shelves at major furniture warehouse and suffered injuries to her broken wrist.
As usual, we carried out our independent forensic investigations with respect to the issues of liability (obtained photos from client/ police report/ witness statement) as well as requesting medical records from our client’s family doctors.
After obtaining instructions from our client and collating the medical evidence in the case, we commenced proceedings in District Court of New South Wales. The instructions received from our client showed the case to be of a technical nature. Accordingly we briefed a barrister who had experience in arguing matters of similar nature.
The Defendant did not admit its liability and argued contributory negligence on behalf of our client and that the risk of injury was not reasonably foreseeable. We in turn argued that the warehouse lacked of a proper monitoring system.
We arranged for our client to undergo a clinical examination with an orthopedic specialist and sought his view on what the future held for our client with respect to his/her injury. The medical evidence obtained from both our medical expert and our client’s treating doctors all assisted in strengthening our client’s case.
The Defendant requested to have our client examined by one of their doctors who provided a medical report. The opinion contained in the report produced by the Defendant’s medical expert conflicted with the findings of our medical expert with respect to future economic loss, future need for treatment as well as past and future ability to attend to home chores and tasks.
Prior to having the matter heard by a Judge of the District Court, we arranged a conference with the Defendant’s solicitor in a final attempt to resolve the claim without the need to incur the cost of a hearing.
At conference we were able to persuade the Defendant’s solicitors that our client’s position was both genuine and realistic. We then secured a settlement for over $130,000.00.
Our client was happy to have received a fair injury compensation amount without having to go through the difficulties posed by a hearing.