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School student gets more than $35,000 compensation for injury during school sports

Our client was a school student participating in a soccer match arranged by the school. Whilst our client was participating in one soccer match on a field, on an adjacent field a rugby game was also taking place. A student from the rugby game crossed over into the field our client was playing soccer in and collided with him causing a fracture to the jaw.

As in all infant matters, our firm was approached by the infant’s parent, in this case the mother seeking advice on a possible negligence claim against the school.

A negligence claim was commenced against the school for its failure to supervise the various games, to separate the various games so there would not be any crossover, with the argument being that person playing a soccer game would not expect a person involved in a rugby game involving a different contact skills to come into contact with them.

The case was vigorously defended by the school.

At no cost to the plaintiff, our firm paid for and obtained all the expert evidence required to prove the extent of the injuries including medical reports.

A settlement conference was arranged and held at the solicitors for the defendants offices and ultimately resulted in a settlement of greater than $35,000.

As is customary in infant matters, the matter was ultimately listed before the court for a judge to consider the settlement and determine whether it was a fair settlement. After the evidence was presented, the judge approved the settlement amount. The judge then ordered that the settlement monies be forwarded to the New South Wales Trustee and Guardian to hold monies until the infant plaintiff reaches 18 years of age.

The plaintiff will not be able to access any of the monies until it reaches 18 years of age except in situations where monies might be released due to any costs for medical treatment and/or otherwise. This would have to be approved by the New South Wales Trustee and Guardian.

A successful matter and a great settlement, and all done on behalf of the plaintiff who did not pay for any costs or disbursements other than that paid for by the school.

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Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

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