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Quadriplegic Man Gets $500,000 in Compensation After a Motor Vehicle Accident

Case Overview
  • Our client was a middle-aged North-West Sydney man who was a quadriplegic due to a previous motorbike accident.
  • He sustained significant personal injuries including a spinal fracture.
  • Gerard Malouf & Partners Compensation Lawyers were ultimately able to secure a settlement of almost $500,000 for our client.

Our client was a middle-aged North-West Sydney man who was a quadriplegic due to a previous motorbike accident. We represented him in relation to a motor vehicle accident which occurred a few years later, in which he sustained significant personal injuries including a spinal fracture. In any other person such an injury would have caused paraplegia.

Our client had worked really hard after his first accident to get his life back on track. He had returned to work full-time and was able to be relatively self-sufficient in regard to his daily living.

“The subject accident then completely set our client back, having to undertake the rehabilitation and recovery process all over again.”


Rita Furfaro
Our Approach

We sought to make a claim for our client’s pain and suffering, which he is only entitled to if his injuries exceed 10% whole person impairment. The insurer sought to make arguments that because our client had such significant pre-existing impairment, that the second accident did not have a substantial impact on our client’s condition. We rejected these arguments and were ultimately successful in making a claim for our client’s pain and suffering.

We also made a claim for our client’s loss of income, both past and future. He had taken a significant amount of time out of work to rehabilitate from his injuries, which was compensated at full value for all days out of work. His claim for future potential loss of earnings was made based on expert medical-legal reports which we obtained. These indicated that our client would be required to retire much earlier than intended as a result of degeneration of his condition.

Our client was a genuine claimant who worked hard to recover and improve his condition, which the insurer was sympathetic towards. 

The Result

As a result, we were ultimately able to secure a settlement of almost $500,000 for our client.

Rita Furfaro

Special Counsel
Rita , I would like to take this opportunity to thank you. The outcome is more than I could of hoped for and you have given myself and my daughter an amazing opportunity to move on and heal from a bad situation. You have also inspired my 8 year old daughter to want to be the youngest person to become a lawyer In Australia.
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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More Case Summaries

About Us
Gerard Malouf & Partners have provided friendly, experienced legal advice to communities across Australia for over 35 years. Our Personal Injury Lawyers have taken on ten’s of thousands of cases and we are proud to have won billions of dollars for our clients.
Lawyers
Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.
Resources
Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.

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