A Liverpool woman has been awarded $60,000.00 in damages after the roof of her rental property collapsed on her head. There had been some damage to the roof prior to the accident which she had notified the landlord of via telephone. Nothing had been done to repair the damage. One day, our client walked into the garage and as she was walking, a part of the roof has fallen on her causing her to sustain injury.
At the time of the accident our client was not working and was a full time carer at home. Accordingly, she brought no claim with her for economic loss or past care and assistance. Our client was able to claim for pain and suffering, her medical expenses and future domestic care and assistance.
This woman attended upon the expert public liability lawyers of Gerard Malouf and Partners for a free consultation. During this consultation, our compensation lawyer discussed the claim generally with the client, on a no obligation basis. After taking a detailed history of the claim, the no win no fee structure was discussed and our client was happy for our firm to commence acting on his behalf.
Following the initial conference with our compensation lawyer, we commenced our investigation of the claim. This included serving a Letter of Demand on the property owners and the real estate agent responsible for the management of the property. At the same time, we arranged for our client to attend upon one of our expert medico-legal doctors to assess her injuries. Once we were satisfied we had enough information, we commenced legal action in the District Court of NSW.
Upon filing the matter in Court, subpoenas were also served on both Defendant to determine the knowledge they had of the damaged roof prior to the accident. Phone records were also obtained from the client confirming the contact she had made with the landlord in the weeks leading up to the accident.
Upon receipt of all relevant information, the expert public liability lawyers were satisfied that they had enough information to determine the value of the claim, and put an Offer of Compromise on. An Offer of Compromise is an opportunity to settle the claim in its early stages. Not all claims are worth over $100,000.00 and this is often a good technique to limit the costs of the solicitor involved. Furthermore, if an Offer of Compromise is made, it is made on a plus costs basis. That is, should the Defendant accept the offer, the parties negotiate our professional fees, within the regulations and as per the retainer.
In these circumstances, our client was happy to put an offer of $60,000.00 to the Defendant. It was an offer which the expert compensation lawyers of Gerard Malouf and Partners deemed to be within the mid-high range of the value of her claim.
Approximately six weeks after the offer was made, the Defendant’s accepted the offer. Our client was ecstatic with the result as it had settled relatively early on in the proceedings and professional fees were as such limited. Furthermore, the Defendant covered a significant portion of those fees.
If you or anybody you know has been involved in a public place accident please contact the expert personal injury solicitors at Gerard Malouf and Partners for a free consultation to discuss your legal entitlements.