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Pedestrian hit by car – Successful settlement despite allegation of large contributory negligence

At Approximately 10.00 am on the morning of our clients injury, while he was picking up a delivery from a small factory, he backed his truck into the driveway and as he was walking down the driveway to the factory, he suddenly without warning was hit from behind. The hit was so intense he fell forward and had his chin ricocheted off the concrete while the back wheels of the vehicle went over his right foot and stopped over his foot. The Ambulance was called to the scene and he was taken to a local Hospital where x-rays were taken and surgery performed.

At the time of the injury our client was working fulltime as our Truck Driver working 10 to 12 hours per day and driving heavy ridged and medium ridged truck.

Unfortunately since the date of accident he has been unable to attend work and lost significant income. However, he was fortunate enough to receive weekly wages and medical expenses from the Workers Compensation Insurer. Our client had a significant amount of treatment including physiotherapy, hydrotherapy, rehabilitation and treatment by a Neurosurgeon and this was paid for by the workers compensation insurer. 

Our client still remains restricted in his range of movement and is unable to return to many activities of daily living that he preformed prior to the accident.

We were able to lodge a claim form against the CTP Insurer within six months of the date of accident and ensure that they were kept up to date with our client’s progress in terms of his injury, loss of wages, medical expenses and care.

The CTP Insurer accepted liability however, alleged 30% contributory negligence. On that basis an exemption was sought from the Motor Accidents Authority and proceedings were commenced in the District Court Sydney. Clinical notes and medical reports were obtained from all our client’s Treating Doctors and Surgeon as well as notes from the Hospital. We referred our client to a number of medico-legal Specialist on our panel who provided reports in accordance with the motor accidents scheme.

We were able to convey an offer of settlement to the Defendant Solicitors and at an Informal Settlement Conference, one month prior to the Hearing were able to resolve the claim with the Defendant who at the time of negotiations were prepared to waive the contributory negligent aspect of the claim.

Our Solicitors and Professional Staff at Gerard Malouf and Partners possess a team filled with dedication and determination with the solid financial, medical and expert resourced we attain, our clients rest assured of consistency and fortitude that we as a team posses.

© 2021 
Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

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