As usual, we carried out our independent forensic investigations with respect to the issues of liability which included photos of the site as well as requesting medical records from our client’s family doctors. We immediately understood the technical nature of the claim and immediately briefed a Barrister on our panel who has longstanding experience in cases involving similar issues.
After obtaining instructions from our client and collating the medical evidence in the case, we commenced proceedings in District Court of New South Wales against the Medical Centre in question.
The Defendant did not admit its liability and argued contributory negligence on behalf of our client as well as the fact that the risk of injury for reasonably foreseeable.
We therefore retained an engineer to provide expert evidence on the issue of slippery coefficient of the ramp. Our expert provided us with a comprehensive report in which he addressed the issue of (foreseeability/contrib negligence/proper cleaning system/slippery coefficient etc).
We also arranged for our client to undergo a clinical examination with an orthopedic specialist and a psychiatrist and sought their view on what the future held for our client with respect to her injury. The medical evidence obtained both by our experts as well as the treating doctors all assisted in strengthening our client’s case.
The Defendant requested to have our client examined by their doctors who provided medical reports. The opinion contained in the report produced by the Defendant’s expert conflicted with the findings of our medical expert with respect to future economic loss, future need for treatment as well as past and future ability to attend to home chores and tasks.
Prior to having the matter heard by a Judge of the District Court, we arranged a conference with the Defendant’s solicitor in a final attempt to resolve the claim without the need to incur the cost of a hearing.
At conference we were able to persuade the Defendant’s solicitors that our client’s position was both genuine and realistic. We then secured a settlement of over $250,000.00.
Our client was happy to have received a fair compensation without having to go through the difficulties posed by a hearing.