Proceeding to court for a legal matter or claim is usually an intimidating and daunting prospect in the minds of many, particularly if you do not have the necessary financial capacity or power to consult and appoint a lawyer to litigate your case in the courts.
Ms G instructed and approached Gerard Malouf and Partners for an accident she experienced in February 2015 when she slipped on defrosted corn deposited on the fresh produce section at a major supermarket chain faced a similar dilemma when her injuries began to disrupt and impair her way of life and ability to work.
Ms G approached Gerard Malouf and Partners in February 2016, a year after the incident, and prior to her free consultation with the firm, Ms G was taking matters into her own hands when she diligently and amicably dealt with the supermarket chain for compensation regarding her treatment expenses incurred from the incident. The supermarket chain firstly responded in writing and regrettably acknowledged the unfortunate circumstances of Ms G. The supermarket chain indicated that they were prepared to compensate her for treatment expenses. Ms G who had faith in the supermarket chain’s dealings eventually underwent some treatment and quickly reverted to the supermarket chain for reimbursement.
Unfortunately, Ms G’s concerns and requests for reimbursement fell on deaf ears despite numerous correspondences to the supermarket chain. Ms G at the time felt disregarded and insignificant and this prompted her to seek for some professional advice at Gerard Malouf and Partners. Ms G indicated she was only interested about claiming for her treatment expenses without proceeding to Court, however she was nevertheless advised about her full range of rights with respect to claiming for her pain and suffering, loss of income and domestic care and assistance.
In February 2015, Gerard Malouf and Partners opened her file and quickly issued a letter of demand to the supermarket chain enclosing the correspondence from the supermarket chain relating to the compensation for treatment expenses as previously promised. As Ms G now had the assistance from Gerard Malouf and Partners, the supermarket chain pro-actively addressed the claim and invited the firm for settlement negotiations.
Ms G provided our firm with clear evidence regarding her treatment expenses and loss of income, which were very much reasonable and reflective of her injuries. The evidence was used by Gerard Malouf and Partners in conveying various offers to the supermarket chain and following hours of negotiations, the parties successfully reached a resolution out of court for $110,000.00. Although the value of the claim was arguably higher on the face of the evidence, Ms G preferred to avoid the costs and uncertainty of litigation and instructed to accept the offer. This case perhaps sends a positive message to the minds of many that matters can be effectively resolved out of court with the right expectation, advice, case and reasonable approach in dealings.