Man injured in motor vehicle accident in Kempsey receives $175,000 compensation

PUBLISHED 27 Jan 2016

In this matter we acted for a 49 year old man who had a substantial motor vehicle accident in February 2013.

He was driving his vehicle in the afternoon, with his wife as the only passenger in Kempsey. The driver of an oncoming vehicle lost control of their car and collided with the front right hand side of our client’s car, pushing their vehicle off the road.

As a result of the accident, our client suffered whiplash, soft tissue injuries to his neck, left shoulder and lower back. Our client also had symptoms of soft tissue injury in his left upper and lower extremity.

At the time of the accident, our client’s wife was 14 weeks pregnant. Due to the impact of the accident, our client’s wife lost the baby. Our client was diagnosed with chronic major depressive disorder due to the loss.

After approaching Gerard Malouf and Partners, the matter was promptly allocated to Senior Solicitor, Mr Antonio Mancia who quickly lodged a Personal Injury Claim Form. The offending driver’s insurance company conceded liability. The major issue in this case was the calculation of damages. 

Our client suffered substantial economic loss due to the accident. As his work involved vigorous physical movement he had difficulty securing another position. Additionally, he incurred many out of pocket expenses and relied on his family and friends for assistance with household chores.

Mr Mancia arranged for our client to undergo medical examinations with an orthopedic specialist and psychiatrist.  He sought their view on what the future held for our client with respect to his injury. The medical evidence obtained by our expert as well as the treating doctors exhibited that our client had suffered substantial physical and psychological injuries. 

The offending driver’s insurer also arranged for our client to undergo medical examinations. Their specialist found that our client did not meet the threshold for damages regarding pain and suffering.

Mr Mancia negotiated with the insurer and was able to get an outstanding settlement for the client. The Client received $175,000.00 in damages. 

We are highly specialised and focused lawyers with our law firm being small enough to care intimately for our client’s, but large enough to have the solid financial, medical and expert resources our client needs to match the big insurers we fight every day.

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