Compensation Settlement of $215,000 for Trip & Fall Near Construction Site

PUBLISHED 29 Jul 2014

Our 32-year old client tripped on concrete which had overflowed into the gutter of the roadway where she had parked her vehicle. As she walked around her vehicle to step onto the footpath she tripped on the concrete obstruction and fractured her right ankle.

Medical issues

Our client fractured her right ankle and was suffering from ongoing pain and stiffness in the ankle which was also causing problems with her left hip as a result of the way she was limping from her injury.

She had surgery to insert a plate into her ankle and her doctors have indicated it will only need to be removed if she has any further problems with it.

Court proceedings

We commenced Court proceedings against the construction company and claimed they were negligent for creating an obstacle which could not be seen in darkness, for failing to have any adequate lighting in the area and failing to warn of the presence of the obstacle.

The Defendant denied negligence and claimed our client failed to keep a proper lookout, failed to avoid an obvious risk and also claimed our client had illegally parked her car in the street.

Settlement

At an Informal Settlement Conference the Defendant agreed to settle the claim for $215,000.

Our client was very happy with the result.

We are a highly focused and specialized law firm   being small enough to care yet large enough to have  solid financial, medical and expert resources to match the big defendants and insurance firms. Our simple no win no fee arrangements and  written guarantee to reduce fees in the unlikely event of a poor result is unmatched in the legal industry Australia wide

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