Case Overview
- Our client was a man who was involved in a serious motorcycle accident.
- The client sustained significant physical injuries which required ongoing treatment and rehabilitation services.
- After conveying various offers back and forth, we were able to reach an agreement and settled the claim for $365,000.00 inclusive of legal costs.
We acted for a man who was involved in a serious motorcycle accident. As a result of the accident, our client sustained significant physical injuries which required ongoing treatment and rehabilitation services.
A claim was lodged with the CTP insurer of the driver at fault who accepted fault and liability.
Under the motor vehicle legislation, claimants are only entitled to be paid compensation for pain and suffering if their injuries are assessed as having a whole-person impairment of greater than 10%.
Our client made a claim under Common Law for damages (lump sum compensation) for future economic loss as well as non-economic loss (pain and suffering as a result of the accident). The CTP insurer wholly admitted liability for his claim for damages.
The CTP insurer conceded that the injuries sustained in the motor accident had a permanent impairment percentage greater than 10% This entitled him to also receive compensation for pain and suffering. This is also known as damages for non-economic loss.
“A claim was lodged with the CTP insurer of the driver at fault who accepted fault and liability.“
GERARD MALOUF & PARTNERS
Our Approach
We invited the CTP insurer solicitors to participate in an informal settlement conference and entered the negotiations with a strong position.
If you have been injured in a motor vehicle accident, you should always seek advice from a lawyer about your rights. Speak to one of our expert solicitors at Gerard Malouf & Partners Compensation Lawyers on 1800 004 878 for a free, no-obligation consultation or complete our email enquiry form.
The Result
After conveying various offers back and forth, we were able to reach an agreement and settled the claim for $365,000.00 inclusive of legal costs.
Frequently Asked Questions
More Information
Immediately following a car crash, call the police if you suspect the other driver is under to influence, and call for paramedics if you suspect you have an injury.
Following this, calling your insurer is advised, as well as taking details from other parties and witnesses. Note down any details including time, data and take photos of the scene.
Where a vehicle cannot be identified, the legislation provides a nominal defendant, which in most cases is the Motor Accidents Authority. A nominal defendant is a substitute for the other party.
Getting hit by a car when you are cycling can have devastating effects. In a motor vehicle accident involving a cyclist, the cyclist is almost always injured far worse than anyone else. In addition to personal injury, a cycling accident claim may include pain and suffering damages.
The main goal when pursuing a claim for a bicycling accident involving a motor vehicle is providing proof of fault and of your injuries and potential other losses. Your accident claim will need to be presented by a qualified attorney who is familiar with cycling accident scenarios, and who will be able to give you the support you need.
At Gerard Malouf & Partners, we will work hard to get you the cycling accident compensation you deserve
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The main goal when pursuing a claim for a motorcycle accident involving a motor vehicle is providing proof of fault and of your injuries and potential other losses. Your accident claim will need to be presented by a qualified attorney who is familiar with accident scenarios, and who will be able to give you the support you need.
At Gerard Malouf & Partners, we will work hard to get you the accident compensation you deserve
[read more]
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