RG was only eight years of age when she was struck by a car when crossing the road just outside of her home.
RG was excited to go to her neighbour’s house across the road. The street she lived in was a quiet street. RG’s mother had turned just for a moment to lock her door when RG ran across the road directly into the path of a car. RG was struck by the front of the car and thrown in the mother’s estimation about ten metres. RG had struck her head and was unconscious. An ambulance was immediately called and he was taken to a Children’s Hospital. She was placed into a neck brace and a full body scan was undertaken.
Fortunately for RG the full body scan did not reveal any fractures. When RG awoke she was kept overnight for observations, and then released. In the weeks later RG was having some nightmares of the accident, but these dissipated after about four months.
Despite the indications, Gerard Malouf and Partners went through the expense of to ensure all aspects of the claim were considered, particularly because the child was so young. RG was assessed by an orthopaedic specialist and a child psychologist. She was similarly assessed by the insurer. In this case the insurer’s medical assessment was higher than that of the claimants.
Based on the insurer’s medical reports negotiations were commenced. A concession was given to the insurer that RG’s injuries would not exceed the threshold of ten percent whole person impairment, but it was maintained that she would continue to require treatment of an orthopaedic nature and psychological nature. These submissions were in accordance with the insurer’s own medical reports.
On that basis we were able to resolve the matter amicably for RG for an amount that far exceeded our estimates based upon the medical reports I obtained. RG was extremely fortunate to come out of the what was potentially a deadly accident reasonably unscathed. The resolution was approved by the Court. RG will receive a sizable amount of money from trust when she turns eighteen years of age.