On 30 March 2016 our client was the driver of a motor cycle which was attempting to travel down Pitt Road, North Curl Curl. As he was travelling along pit road another vehicle has filed to stop at a stop street and pulled out from the side street knocking our client from his motorcycle.
As a result he sustained injuries including a torn rotator cuff, fractures to his left foot, lactations to his lower extremities, injury to his lumbar spine at L5 and an injury to his neck. Due to the nature of his injuries the client had considerable amount of time off work, required to spend money on surgical repair and was unable to attend to the domestic chores around the home that he once did.
Before any settlement could be reach our client had to be submitted to the Medical Assessment Service (MAS) to determine if he was entitled to compensation for his pain and suffering. An individual is entitled to receive compensation for their pain and suffering if their injury is assessed as being great then 10% Whole Person Impairment.
Unfortunately the client was assessed as being only 9% Whole Person Impairment and therefore was not entitled to significant compensation for the pain and suffering which he had suffered and would continue to suffer into the future.
During this process the client was encouraged to keep a diary of all the extra domestic activities which his friends and family completed for him since the accident. The client was surprised at how quickly the hours add up. A claimant is entitle to be compensated for the care provided to them if such care is for a least 6 hours per week and for a minimum of 6 months. It soon became evident that he was receiving over 12 hours per week assistance.
The matter was prepared to be assessed by the Claims Assessment Resolution Service (CARS) . At Gerard Malouf and Partners we pride ourselves on our ability to negotiate matters and find a resolution for you, without the need to waste time or incur further costs.
Before the expense of the Assessment hearing was incurred the solicitor rang up the CTP insurer in an attempt to settle the matter.
The CTP insurer accepted our offer and the client was happy to walk away with over $140,000.00 in his pocket. Making allowances for lost income, treatment expenses and domestic care which was provided from the past and into the future.