Our client, a Gundagai local, was the front seat passenger of a Holden ute which lost control on an S bend, exited the road and collided at speed with another object. He received extensive fractures to his lumbar spine as well as numerous other injuries to his arms, chest, ribs and neck.
Our client was off work for took 4 months whist he was in hospital recovering from his injuries. He returned to work on a reduced capacity doing light duties.
Complaints had been made to the police about the defendant driver that he had been hooning that afternoon. They claimed that our client was with him at the time and had knowledge about this. As a result the insurance company denied liability for the claim.
Our client was not in the car prior to the accident and was unware of the negligent driving. We obtained statements from the people which our client was with that day and the passenger in the defendant’s car while the negligent driving occurred. In this way he was able to persuade the insurer to reconsider their position.
Our Clients injuries were assessed has being under the 10% Whole Person Impairment threshold and therefore was not entitled to significant compensation for the pain and suffering. However we were able to make claim back other losses he had suffered.
He worked in a local meat processing plant which required large amounts of core strength to lift and carry the animal carcasses. 1 and half years after the accident our client was unable continue in this role as his injuries became too much and he was unable to keep up with the physical demands of the role.
He subsequently obtained employment at a cleaning company but found this also to be to onerous and moved to work for a plumbing business. We are Gerard Malouf and Partners were able to claim back the time which he had off work as well as the difference in income between in original job and his new positions.
Our client still lived with his parents, a condition of this was that he had to work the property and assist them with the maintenance. This included chopping wood, looking after the property fixing fences ect. As a result of his injuries our client was unable complete this role anymore and had to rely upon his parents to look after the property. We successfully obtained compensation for the extra work his parents had to do following the accident as well as an amount for to help pay for commercial assistance into the future.
Finally we were able to compensate our client for the past and ongoing medical treatment and associated out of pocket expense which he incurred and would continue to incur as a result of the accident.
The case ultimately settled as the insurer did not want matter to be hear in front of the District Court, the insurer and our client accepting $249,000.00 in full and final settlement of the claim. Both parties happy to see the matter resolved.
If you or your family member have been injured, whether you live in the Canberra area or any other regional area, Gerard Malouf and Partners are able to ensure you are not disadvantaged and that you receive maximum compensation.