Mr AO was travelling on Darley Road in Randwick at about 8:00 AM travelling to work in the small Nissan Pulsar. As he was slowing down to negotiate a roundabout, he was hit from behind at speed, causing him serious injuries to his person. The injuries can be best categorised as whiplash injuries.
At the time, he was employed as a Business Development Accounts Manager. He was on a very reasonable salary which also had commission attached to his remuneration.
As a consequence of this motor-vehicle accident however, he was having difficulties standing for long periods, sitting for long periods and concentrating at a computer. This, understandably, led to difficulties in the workplace and ultimately his resignation.
Approximately 3 weeks after, however, he was sought by agencies and was able to obtain new employ at a higher wage and less physically demanding.
Nevertheless, AO needed a whole range of treatments, the most of which was massage therapy.
AO recovered well from his injuries with the treatment that he was having and he was not required to take any more time off as he was able to feed his treatment in between his schedule. In effect, his determination to move on with his life reduced his claim significantly, however, Gerard Malouf and Partners were still able to obtain for him a very amicable resolution in relation to his claim. This is despite him not being entitled to a claim for non-economic loss for his injuries and pain and suffering, no claim for domestic care and assistance and essentially no claim for his economic loss.
With the only head of damage available for him to receive damages being reasonably incurred medical and treatment expenses, Gerard Malouf and Partners were able to obtain for him a settlement amount of $40,000.00 which was very well received under the circumstances.