Case Overview
- Our client was involved in a serious motor vehicle accident, causing him significant physical and psychological injuries.
- Because of his injuries our client was rendered incapacitated for work.
- Given that our client had suffered from a loss of income, he was entitled to bring a claim for common law damages.
We acted for a client from the Central Coast who was involved in a serious motor vehicle accident. The other driver collided into the rear of our client’s vehicle he was stationary at a set of traffic lights, causing him significant physical and psychological injuries.
At the time of the accident, our client was employed however because of his injuries our client was rendered incapacitated for work.
A claim was lodged with the CTP insurer of the driver at fault who accepted fault and liability.
“After successfully disputing the extent of his whole person impairment, the insurer eventually conceded that his injuries exceeded the 10% whole person impairment threshold.”
Rita Furaro
Our Approach
We acted in accordance with our ‘’No Win No Fee’’ policy and lodged disputes with the insurer challenging their decisions to treatment and payment of wages.
Given that our client had suffered from a loss of income, he was entitled to bring a claim for common law damages which is a lump sum claim for past and future loss of income, past and future loss of superannuation entitlements as well as a claim for the tax paid on the weekly wage benefits received from the insurer.
Our client’s injuries were so significant that after successfully disputing the extent of his whole person impairment, the insurer eventually conceded that his injuries exceeded the 10% whole person impairment threshold. This entitled him to also receive compensation for pain and suffering. This is also known as damages for non-economic loss.
However, the battle continued. Once we had obtained all the necessary documentation including all details of his prior employment as well as all relevant medical evidence, we were able to participate in a settlement conference with the insurer to try and negotiate a settlement of the claim.
The Result
After making offers back and forth with the insurer, we were able to reach an agreement and his claim settled for $580,000 inclusive of legal costs.
Rita Furfaro
Special Counsel
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