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A 45-Year-Old Lineman Compensated with $675K After a Motor Vehicle Accident

Case Overview
  • Our client sustained serious injuries when his vehicle was rear-ended by a garbage truck.
  • GMP obtained medical evidence that our client would be obliged to retire early as a result of his injuries.
  • After the settlement negotiations with the insurer, we were able to obtain a settlement of $675,000.

Our client sustained serious injury to his neck, back and shoulders when his vehicle was rear ended by a garbage truck, ultimately requiring spinal surgery.

As our client was not at fault for this accident, the CTP insurer accepted liability for his claim, and attended to payment of his treatment and medical expenses, as well as payment of our client’s weekly wages.

Due to the extent of our client’s injuries, the insurer conceded that his permanent impairment would exceed the 10% threshold required for him to make a claim for non-economic loss (pain & suffering) on top of his claim for past and future loss of income and superannuation.

Our Approach

We obtained medical evidence that substantiated our client’s level of impairment, as well the fact that although our client was able to return to work on light duties, it is likely that he would be obliged to retire early as a result of his injuries. We entered into settlement negotiations with the insurer seeking the maximum amount of compensation for our client. 

If you have been injured in a motor vehicle accident, you should always seek advice from a lawyer about your rights. Speak to one of our expert solicitors at Gerard Malouf & Partners Compensation Lawyers on 1800 004 878 for a free, no obligation consultation or complete our email enquiry form.

The Result

We were able to obtain a settlement of $675,000

Rita Furfaro Lawyer No Win No Fee

Rita Furfaro

Senior Associate
I aspire to be the rainbow in someone else’s cloud by getting them the compensation they deserve.
Frequently Asked Questions

More Information

There are several steps you should take following a motor accident before worrying about liability. First and foremost is ensuring that you, the other driver and any passengers you both have are safe. Immediately call 000 for emergency services if necessary, and apply first aid care if you know how. Move the vehicles off the shoulder if the accident is blocking the roadway and it’s possible to do so.

All drivers have a duty to other road users to take reasonable care. If it can be determined that anyone involved in the accident was not taking reasonable care, they can be found negligent and at fault. The top identifiers of negligence consist of:

  • Speeding
  • Failing to obey traffic lights or signage
  • Driving while intoxicated or otherwise under the influence
  • Failing to “keep a proper lookout”

If you are hit by another driver and they are found at fault, you can make a claim against them for damages. This can include any losses resulting from the accident, including damage to your vehicle.

However, if your actions also played a part in the accident, both drivers may be found at fault. This is called ‘contributory negligence’, and may be apportioned between you and the other driver in any percentage split. In such a case, you may be responsible for bearing part of the cost of the damages.

Compensation can provide vital financial support for people who have suffered serious injuries in a road traffic accident. But are there limitations on how much money someone can receive?

The answer to this question depends on several factors, including:

  • Who was to blame for the accident?
  • How severe were your injuries?
  • Is there permanent damage?
  • Are you entitled to damages for non-economic losses?

Let’s break down some scenarios and explore what compensation amounts could be available.

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 — Personal Injury Compensation Lawyers

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