We represented Ms G who was involved in a motor accident in 2016. Ms G was stopped waiting to turn right off the Princes Highway, on her way to collect her young son from school, when she was rear ended by another vehicle travelling at approximately 100km per hour. Ms G sustained severe physical injuries as well as a traumatic brain injury.
A family member of Ms G contacted our personal injury specialists for advice regarding making a claim against the at fault driver, while Ms G was still in a critical condition in hospital following the accident. Acting on the instructions of her family members, a CTP claim was lodged with the insurer.
As a consequence of the severe injuries sustained, Ms G was admitted as a lifetime participant to the Lifetime Care and Support Scheme who provide assistance and care for those with severe injuries, including providing her with 24 hour care. She will require ongoing care from this service for the rest of her life. This service has also provided counselling services to her family to assist with the changes in Ms G’s condition due to the severity of her injuries. As Ms G was accepted into this program, any claim made on Ms G’s behalf was limited to non-economic loss and economic loss, being lost wages for the rest of her working life. When any client becomes accepted to this program as a lifetime participant, it is agreed between the parties that the client’s injuries are of such a severe nature that their injuries exceed the 10% threshold, entitling them to claim non-economic loss, or damage for pain and suffering.
While liability was accepted by the CTP insurer, we made an application to have the matter exempted from the Claims Assessment Resolution Service (CARS) through a discretionary application process as Ms G had no capacity to manage her own affairs. This was approved, and a certificate of exemption was issued – allowing us to commence proceedings in court.
Just prior to commencing proceedings an informal settlement conference was arranged to see if the matter could be resolved at this stage. We retained counsel and a settlement conference was held at counsel’s chambers in the hopes of resolving the matter. Following extensive negotiations, and consultations with members of Ms G’s family acting on her behalf, those acting on her behalf, accepted the insurer’s offer of $1,350,000.00 exclusive of legal costs. This settlement represented an outstanding result for Ms G whose settlement proceeds will be managed by a Trust for the rest of her life, due to her inability to make her own financial decisions, and distributed to Ms G accordingly, as required.
Due to the severity of Ms G’s injuries, this matter was brought before a Judge to approve the settlement amount, on her behalf. Gerard Malouf & Partners compiled affidavit evidence to show that the settlement was a good result for Ms G and in her best interests, when considering the risks of litigating any claim.
If you are a driver, or have a relative, who has been seriously injured in a motor vehicle accident please do not hesitate to contact Gerard Malouf & Partners Compensation Lawyers on our toll free number 1800 004 878 and speak to one of our accredited specialist lawyers, who can give you advice in relation to the procedures, the processes and your rights to make a claim.