We acted for a client who was involved in a serious motor vehicle accident. The other driver collided into the rear of our client’s vehicle, who was standing on the road in front of his car at the time. Our client suffered significant physical and psychological injuries.
At the time of the accident, our client was employed, however as a result of his injuries was rendered incapacitated for any work. A claim was lodged with the CTP insurer of the driver at fault who accepted fault and liability.
Given that our client had suffered from a loss of income, he was entitled to bring a claim for common law damages which is a lump sum claim for past and future loss of income, past and future loss of superannuation entitlements as well as a claim for the tax paid on the weekly wage benefits received from the insurer.
Our client’s injuries were so significant that after successfully disputing the extent of his whole person impairment, the insurer eventually conceded that his injuries exceeded the 10% whole person impairment threshold. This entitled him to also receive compensation for pain and suffering. This is also known as damages for non-economic loss.
However, the battle was not yet won. Once we had obtained all the necessary documentation including all details in relation to his prior employment as well as all relevant medical evidence, we were able to participate in a settlement conference with the insurer to try and negotiate a settlement of the claim.
After making offers back and forth with the insurer, we were able to reach an agreement and his claim settled for $1,150,000 inclusive of legal costs.
If you have been injured in a motor vehicle accident, you should always seek advice from a motor accident injury lawyer about your rights. Speak to one of our expert solicitors at Gerard Malouf & Partners Compensation Lawyers on 1800 004 878 for a free, no obligation consultation or complete our email enquiry form.
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