Man suffers brain injury from car accident, and receives significant compensation

PUBLISHED 07 Jun 2016

Gerard Malouf and Partners, under the lead of a senior solicitor with his team, acted for DFL, a man who suffered serious brain injuries after being involved in a motor vehicle accident in 2014. Due to the nature of the injuries the client would require a permanent carer for the rest of his life.

The motor vehicle accident occurred in January 2014 when he was crossing, during twilight, at an intersection in Arncliffe with his wife. The offending driver was travelling above the speed limit and made a right turn without regard to the safety of pedestrians. The offending driver collided with DFL and his wife.

Not only did DFL suffer brain injuries, he also suffered injuries to his eyes, ears, neck, left shoulder, right shoulder, left upper extremity, right upper extremity, back, left hip, right hip, lower back, right lower extremity, shock, anxiety and depression.  

After the accident, the client was immediately taken to St George Hospital where he was hospitalised for approximately two months in the intensive care unit and thereafter moved to the general ward.

As a result of the accident the client suffered for debilitating headaches, loss of balance, loss of memory and cognitive disabilities. DFL also required assistance in all aspects of daily living, mandating 24 hours of care. DFL was accepted into the Lifetime Care and Support Scheme.

As the client had suffered a brain injury, he did not have full capacity to make decisions. Accordingly a tutor was appointed. Liability was astonishingly denied by the insurer.

After collating medical evidence in the case, Gerard Malouf and Partners sought an exemption from the State Insurance Regulatory Authority to commence proceedings in the District court of New South Wales.

As the client had suffered a brain injury he could not recall all the facts of the incident, accordingly all elements of the accident had to be reconstructed by experts. Among the insurers witnesses was an undercover Federal Police Officer conducting surveillance. The police officer’s evidence was ultimately that DFL and his wife had walked into the intersection and stood there for approximately 10 seconds.

Nevertheless, Gerard Malouf and Partners argued, amongst other things, that the Defendant failed to keep a proper lookout when driving his vehicle, failed to steer and drive the vehicle in a safe manner, failed to control and stop the vehicle and failed to give way to a pedestrian.

In a bid to resolve the matter in its entirety without incurring the high costs of litigation, a settlement conference was conducted.

At conference Gerard Malouf and Partners, accompanied by Counsel, was able to persuade the Defendant's solicitors that our client's position was both genuine and realistic. The parties resolved the damages claimed in the amount of $307,690.00. Following a deduction of 35% the matter resolved for $200,000.00. Mr DFL, as a member of the Life Time Care Scheme will continue to have his reasonably incurred medical and treatment expenses and domestic care and assistance met for as long as it is required.

Our client was happy to have received a good compensation settlement.

This case shows that Gerard Maloluf and Partners are not afraid to take on any case, even where it is extremely difficulty. 

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