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Injury compensation for visiting Columbian army major struck as a pedestrian

Our client is a major in the Columbian army. He has been in the columbian army for a period of approximately 22 years. He was on a scholarship from the columbian army to study at the university of sydney towards obtaining a masters in project leadership. He came to Australia with his wife and children in october 2014. The course is to be completed in August 2016 at which time he is planning on returning to Columbia. He will then complete a one year course to enable him to obtain promotion to lieutenant colonel. That course is due to commence in december 2016 and he will complete that in november 2017 and expects to be promoted in december 2017.

In the early morning of december 2014 our client was walking to Sydney university negotiating a pedestrian crossing when he was knocked down by a passing motor vehicle. The driver lost control of the motor vehicle. On being struck, he was thrown in the air landing three metres in front of the vehicle. There was no loss of consciousness. He reported experiencing severe central lower back pain and was unable to stand. He was assessed by a passing doctor who called an ambulance. The incident occurred outside royal prince alfred hospital.

An ambulance was in attendance and was transported to royal prince alfred hospital at which time he was complaining of severe back pain. He had an abrasion over his right elbow and was also experiencing pain in his left buttock.

As a result of the accident he suffered a non-displaced fracture of the body of the L1 vertebrae, soft tissue injury on the left buttocks, abrasion of the right elbow, psychological injury and shock. He had a short course of physiotherapy which would include an exercise programme and analgesics for pain relief.

A motor accident personal injury claim form was lodged against the ctp insurer of the vehicle at fault. After undertaking a thorough investigation of the accident, liability was accepted in its entirety and therefore the claim proceeded on for assessment purposes.

It was a matter of ensuring that we obtained all of the appropriate medical treatment evidence from the claimant’s treating doctors and specialists and then once his condition had stabilised to arrange for him to be medically examined and assessed by specialists on the part of both parties. Unfortunately, due to the fact that he suffered an undisplaced fracture of the body of the L1 vertebrae it took the Plaintiff in excess of 12 months before his condition stabilised for assessment purposes.

Our client was assessed on the part of both parties and of particular interest was to ensure that appropriate medical evidence could factor into account his future earning capacity when he returns back to the Columbian army in August 2016.

A claim was submitted for non-economic loss for permanent impairment pain and suffering, past and future treatment expenses, past and future loss of wages, past and future loss of superannuation and past and future care.

The medico-legal doctors for the ctp insurer accepted the genuineness of the plaintiff’s complaints and the ongoing nature of his symptoms and how they significantly affected his ability to lead a normal life and reduced his capacity to participate in normal social, domestic, recreational, sporting and employment activities.

There were various assessments of permanent impairment by a number of doctors that determined that his injuries had stabilised from the subject accident and to his ongoing treatment needs and affect upon his future working and earning capacity.

Detailed section 85 particulars of the claim were provided to the ctp insurer in addition to medical treatment reports and medical assessment reports so as to allow them to assess all of the heads of damages with respect to the plaintiff’s claim.

The ctp insurer participated in an informal settlement conference with the writer and our client for the purposes of exploring a resolution of the claim.

After a number of hours of negotiating various medical issues and heads of damages, the client was provided with a number of options to consider with respect to the settlement of his claim. He accepted a substantial offer of settlement from the ctp insurer to resolve his claim once and for all.

Our client was very pleased with the outcome of the settlement of a substantial award in his favour in order that he could organise himself to return home to Columbia and pursue his career intentions of becoming a lieutenant colonel in the columbian army in the not too distant future

Our client was a pedestrian who was struck by the driver of a motor vehicle which lost control of the vehicle outside the royal prince alfred hospital. As a result of the accident our client suffered quite severe injuries which took him over 12 months to stabilise for assessment purposes.

In the intervening period, the motor accident personal injury claim form was lodged with the insurer. Liability was then accepted by the insurer on behalf of their insured driver for her negligence in causing the accident. Our client was reimbursed for his treatment expenses that he was required to pay after the accident and once his condition was stable he was assessed for assessment purposes.

Our client received quite a substantial award of damages in respect of his injuries, losses and damage including an award for future loss of earning capacity by reason of a number of scenarios in the future.

If you are a driver or pedestrian who has been involved in a motor vehicle accident and as a consequence suffered serious injuries and disabilities arising from that accident, you may be entitled to receive a substantial award of damages in your favour once you have been able to verify your injuries, losses and damage.

© 2021 
Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

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