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.
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.
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:
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:
Let’s break down some scenarios and explore what compensation amounts could be available…
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In the spirit of reconciliation GMP Law acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea, and community. We pay our respects to their Elders past, present, and emerging, and extend that respect to all Aboriginal and Torres Strait Islander peoples today.
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