A man from Ryde has been awarded a payout after being involved in a rear end collision. Our client was stationary at a red light when the accident occurred. The vehicle at fault has failed to stop behind him, and has collided with the rear of our client's motor vehicle. As a result, our client sustained injuries to his neck.
Following the accident, our client continued to work as best as he could, and with the assistance of intermittent physiotherapy and some medication, he was able to continue his domestic duties as required.
Approximately two years after the date of accident, this client attended upon the motor vehicle accident specialists of Gerard Malouf and Partners as the insurer was looking to close his claim.
During the initial conference, a detailed history was taken and our no win no fee costs agreement was discussed. Based on the client’s history, it was clear to our personal injury lawyer that there was a claim to be made for our client’s injuries. Our client was honest in noting that there was no claim for past care and assistance, or for past economic loss. Before looking at settling the claim our expert compensation lawyers first needed to fully investigate any claim for pain and suffering.
In motor vehicle accident claims, in order to claim pain and suffering, a whole person impairment of greater than 10% is required. Without this assessment, no claim for pain and suffering is possible. After having this client assessed, his injuries were under the threshold, but the doctor did offer some opinion as to future treatment and future care. Accordingly, our clients claim was one for future losses.
Noting the relatively small nature of the claim, our expert compensation lawyers arranged for an Informal Settlement Conference to occur without delay. In participating in an Informal Settlement Conference there is no obligation on our client’s behalf to accept any offers made, which is a view made clear to all clients by our team of personal injury experts.
The Informal Settlement Conferences are best attended to in person, and we encourage our clients to actively partake in negotiations. On the day, our client attended our offices and he was happy to accept the insurer’s final offer of settlement.
Once an offer is accepted and the signed documents are returned to the insurer, it takes anywhere between 6-8 weeks for that settlement money to go into our clients account.
If you or anybody you know has a motor vehicle accident claim please contact the expert personal injury lawyers at Gerard Malouf and Partners for a free consultation to discuss your legal entitlements.