Woman awarded just $5,457 after car accident claim

Date: Feb 01, 2018

A woman has successfully convinced a judge to award her car accident compensation following a rear-end collision, but she will only receive $5,457 for her injuries.

The incident occurred when a blue Honda Civic crashed into the rear of a white Honda CRV, which in turn collided with the plaintiff's Ford Focus.

The woman suffered left-sided neck and shoulder pain in the accident, and a GP diagnosed her with whiplash and soft tissue damage to her chest.

Past treatment expenses and economic losses were agreed between the plaintiff and the defendant at $3,052 and $1,654, respectively.

However, the woman also sought $75,000 for future lost income and $15,000 for further treatment costs, as well as two hours per week domestic assistance at $44 an hour.

Judge examines car accident injury evidence

District Court Judge David Wilson had reservations about the heads of damage that the plaintiff's legal team put forward.

The evidence showed the woman had returned to her role as child protection worker less than three weeks after the crash and continued to perform the same activities as before the accident until she went on maternity leave.

"The fact that the plaintiff has given birth to and cared (mostly alone) for two young children since the accident occurred also raises questions about the veracity of her evidence regarding her ability to perform her pre-accident employment," Judge Wilson said.

"Caring for two young children would involve constant lifting and carrying as well as many other duties performed by parents with children of that age."

The judge also felt the woman's claims for future treatment expenses were excessive.

One of the medical practitioners who examined the plaintiff said she could manage her injuries with paracetamol, leading to Judge Wilson awarding just $750 for future treatment.

Should I pursue compensation for my injuries?

While the woman's car accident compensation claim was successful, she was only awarded $750 more than she had already agreed with the defendant before proceedings reached the District Court.

The case therefore highlights the importance of seeking comprehensive legal advice from personal injury experts before proceeding with a claim.

An experienced no-win, no-fee lawyer can examine the particulars of your case and assess how likely you are to receive the compensation you expect. If your injuries are relatively minor, pursuing a claim through the courts may not be the best course of action.

For a free consultation about your car accident injuries, please get in touch with Gerard Malouf & Partners Compensation, Medical Negligence & Will Dispute Lawyers.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts, or email your enquiry.