Mr AS is one of New South Wales brave firefighters. As an active service person, his health and fitness is paramount to his duties. Unfortunately for AS, in May 2014 he was involved in a motor-vehicle accident. His car was stationary at the time awaiting for traffic to clear a roundabout when he was hit from behind at speed.
As common with many of these type of accidents, he sustained what is colloquially called whiplash injuries. The injuries included injury to his neck, his lower back and his right leg. As a consequence of these physical injuries, he also developed a sleep dysfunction as well as depression.
In order for him to continue his duties as a firefighter, his treatment was conservative with pharmaceuticals such as Panadol and Ibuprofen, as well as 10 sessions of a physiotherapy bounce back program.
He had also undertaken some treatment with a chiropractor and have attempted acupuncture, neither of which assisted him in the relief of his pain.
He did as many dutiful service persons do when injured, that is, he coped with his injuries and continued to serve.
Approximately 2 years after the accident, the proper insurer made AS an offer to finalise the claim. Needless to say, the Offer was one which was not suitable to account for the losses of AS.
Gerard Malouf and Partners received instructions from AS in March 2016 where AS simply wanted to know whether the Offer was a fair settlement.
In the last 3 months, Gerard Malouf and Partners worked tirelessly and quickly to determine the extent of AS’ injuries and losses so that AS could be properly advised as to what would be a reasonable outcome for someone in his circumstances.
Although AS’ injuries do not exceed the threshold for non-economic loss of 10% whole person impairment, there was substantial past reasonably incurred medical and treatment expenses particularly when the expenses met by the insurer in itself amounted to approximately $8,000.00. Further, although there was no care claimed and there was little to no past economic loss, there still remained a risk that AS would suffer some future economic loss.
In all, Gerard Malouf and Partners, in this short period of time, was able to obtain a settlement amount in amount of $50,000.00 for AS as compensation for the injuries and damages he had sustained as a consequence of this motor-vehicle accident.