In this matter we acted for a 24 year old young man where a whiteboard at a University Campus in NSW became detached and caused injuries to his neck.
As usual, we carried out our independent forensic investigations with respect to the issues of liability (obtained photos from client and witness statement) as well as requesting medical records from our client's family doctors.
After obtaining instructions from our client and collating the medical evidence in the case, we commenced proceedings in District Court. The instructions received from our client showed the case to be of a technical nature. Accordingly we briefed a barrister who had experience in arguing matters of similar nature.
The defendant did not admit its liability and argued contributory negligence on behalf of our client and that the risk of injury was reasonably foreseeable.
We also arranged for our client to undergo a clinical examination with an orthopedic specialist and a psychiatrist and sought their view on what the future held for our client with respect to his injury. The medical evidence obtained both by our experts as well as the treating doctors all assisted in strengthening our client's case.
The defendant requested to have our client examined by one of their doctors who provided a medical report. The opinion contained in the report produced by the Defendant's medical expert conflicted with the findings of our medical expert with respect to future economic loss, future need for treatment as well as past and future ability to attend to home chores and tasks.
Prior to having the matter heard by a Judge of the District Court we arranged a conference with the Defendant's solicitor in a final attempt to resolve the claim without the need to incur the cost of a court hearing.
At conference we were able to persuade the defendant's solicitors that our client's position was both genuine and realistic. We then secured a settlement for over $200,000.00.
Our client was happy to have received a fair compensation without having to go through the difficulties posed by a court hearing.