Case Overview
- Our client was involved in a serious motor vehicle accident, where her vehicle was stationary and struck from behind.
- Our client sustained significant physical injuries which required ongoing treatment and surgery.
- Our client was awarded $425,000 in compensation after the motor vehicle accident.
We acted for a woman involved in a serious motor vehicle accident, where her vehicle was stationary and struck from behind.
As a result of the accident, our client sustained significant physical injuries which required ongoing treatment and surgery.
Under the motor vehicle legislation, claimants are only entitled to paid compensation for pain and suffering if their injuries are assessed as 10% or greater whole-person impairment.
Our client was eligible to make a claim for lump sum Common Law compensation for damages regarding the loss of both past and future wages and non-economic loss. The CTP insurer wholly admitted liability for her claim for damages.
“Our client was eligible to make a claim for lump sum Common Law compensation for damages regarding the loss of both past and future wages and non-economic loss.“
Peter Mitris
Our Approach
When our client’s injuries had stabilised and reached maximum medical improvement. We gathered and provided the insurer with medical evidence confirming that our client suffered significant and permanent injuries.
The CTP insurer conceded that the injuries sustained in the motor accident had a permanent impairment percentage greater than 10%, being the required threshold to claim for non-economic loss.
We invited the CTP insurer solicitors to participate in an informal settlement conference. After communicating various offers back and forth, we were able to reach an agreement and settled the claim for $425,000.00 inclusive of legal costs.
If you have been injured in a motor vehicle accident, you should always seek advice from a lawyer about your rights. Speak to one of our expert solicitors at Gerard Malouf & Partners Compensation Lawyers on 1800 004 878 for a free, no-obligation consultation or complete our email enquiry form.
The Result
We were able to reach an agreement and settled the claim for $425,000.00 inclusive of legal costs.
Frequently Asked Questions
More Information
Each motor vehicle accident claim requires a police report, accident notification form and personal injury claim form. The claim form is central to your claim and we recommend speaking with a lawyer to ensure the best chance of success. Once you lodge your claim, an Independent Medical Assessor reviews your claims.
Immediately following a car crash, call the police if you suspect the other driver is under influence, and call for paramedics if you suspect you have an injury.
Following this, calling your insurer is advised, as well as taking details from other parties and witnesses. Note down any details including time, data and take photos of the scene.
Where a vehicle cannot be identified, the legislation provides a nominal defendant, which in most cases is the Motor Accidents Authority. A nominal defendant is a substitute for the other party.
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