A Transport NSW train driver whose motor vehicle was hit by another, sought compensation for his injuries and the possibility of lost work in the future. The Plaintiff stated he was on his way to meet his family for dinner in Bankstown when another vehicle rammed him, causing serious whiplash injury.
In December of 2015, the Plaintiff was traveling at a legal rate of speed down a busy carriageway and noticed another vehicle that had stopped in another lane. Upon approach, the vehicle turned abruptly into his lane, causing the plaintiff to serve suddenly and the impact caused immediate pain and tingling. The Plaintiff called his family, refused transport to hospital, but ended up in hospital later that night when pain from his injuries failed to subside. He returned again when pain medication provided also did not offer relief.
It was determined that the Plaintiff suffered a whiplash injury causing mild damage to his back and shoulder; specifically, a right shoulder strain later found to be a labral tear, and a back injury with right-sided sciatic pain, caused by spinal stenosis and nerve compression. He had returned to work, but had to take care using his right arm. He was forced to take some sick days, as a result of pain associated with his injuries, and attend physiotherapy. The damage was said by medical professionals to be permanent, but anticipated to cause no severe disability that would cause a cessation of work on the part of the Plaintiff until he reached around 60-65 years of age.
The plaintiff agreed he had been able to return to work, but cited costs of medical treatment needed for life. He also spoke of fears he would eventually be unable to work as a train driver and would have difficulty finding employment in a competitive market with a disability that prevented him from lifting. He requested compensation to cover past and future out-of-pocket expenses for care, plus a sum of $250,000 for potential loss of income. The court denied this claim, but did award a sum in excess to cover the medical care required by the Plaintiff in the past of over $5,000 and going forward in approximate value of $16,500 per annum.
If you have been involved in a motor vehicle accident and want to know all of your options, get in touch with the legal team at Gerard Malouf & Partners Compensation, Medical Negligence & Will Dispute Lawyers. We can go over your claim and help you progress further with your case.