Substantial compensation for whiplash from motor vehicle accident despite being able to return to work

PUBLISHED 24 Feb 2015

Ms MA was involved in a motor vehicle accident in May 2013. She was hit while stationary at a set of lights from behind. This caused her to sustain whiplash injuries to her person.

As a consequence of the motor vehicle accident, she was unable to attend work for 2 days and sick leave was granted.

Owing to her dedication to her work and to the persons that she was assistance to, Ms MA did not take any further time off other than to see specialists, to attend for imaging and to attend upon her general practitioner.

Although Ms MA did not suffer injuries which would exceed 10% whole person impairment, her injuries did later leave a question mark as to how they would affect her into the future.

The accident nevertheless affected her activities of daily living, which included attending and caring for her young children who were all in primary school, cooking and cleaning, and enjoying her own past times of physical activity.

Based upon the unique position that she was in, due to duties that she performed were considered to be light in any case, a buffer was put in to allow for consideration that her work conditions would change, therefore, limiting her ability to obtain gainful employment on the open market.

The insurer’s position in this matter was that our client had suffered minimal injuries as a consequence of the motor vehicle accident. He injuries would not be assessed to be above the threshold for non-economic loss. She had lost virtually no time from work and therefore there should not be an allowance for economic loss. The medical and treatment expenses were met by the insurer and that any future medical and treatment expenses would be minimal.

This was vastly different to our opinion as to how the case ought to have been viewed. As a consequence of the submissions made at an informal settlement conference, the dedicated solicitors of Gerard Malouf and Partners were able to change the opinion of the insurer who initially offered a verdict for the defendant with each pay their own costs to a whiplash injury compensation payment in excess of $100,000.

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