Mr NSJ following work had attended a local pub with two colleagues in Surry Hills. They had attended to discuss work related information. When they had finished, Mr NSJ proceeded to make his way home which was close to his workplace. He was travelling by foot and was waiting at the kerb of a set of lights when two cars were involved in a motor-vehicle accident.
The collision forced one of the cars towards the footpath. The car then collided with a pole which as a consequence of the impact struck NSJ on the head causing him to lose consciousness. Emergency services were immediately called and NSJ was conveyed to the Royal Prince Alfred Hospital.
He was admitted into hospital and imaging was taken which showed bleeding to his head.
Gerrard Malouf and Partners took exceptional care in relation to this matter and undertook every expense to ensure that Mr NSJ had every opportunity to claim the maximum compensation he was entitled to. This included a potential claim for neurological and cognitive deficit as a consequence of brain injury, orthopaedic injuries to his neck and back, psychological injuries as a consequence of this near death experience.
We also prepared to run the difficult workers compensation claim as a consequence of a meeting which took place outside of the normal workplace.
In accordance with Mr NSJ’s instructions, the workers compensation claim was withdrawn. His instructions to us in relation to his symptoms and the limitation upon his person were different to what he conveyed to examining doctors. Despite this, we attended to having him reassessed on multiple occasions on the off chance that the difference in the complaints provided was symptomatic of his injuries.
It was finally determined that Mr NSJ’s injuries would not exceed the threshold of 10% whole person impairment for non-economic loss. He had continued to work on a full-time basis with a loss of 1 day per week. His medical and treatment expenses were limited. As he was living alone, there was no basis for a claim for domestic assistance and care. Despite all these limitations, a significant result was able to be obtained for Mr NSJ in the amount of $250,000.00 because we were able to show and convince the insurer that is that Mr NSJ’s personality was the reason for the difference in the reporting of his symptoms and injuries.
The result that we obtained from Mr NSJ was excellent considering the medical evidence that we were able to obtain.