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Car Accident

Case Studies

MAN SUFFERS LEG AMPUTATIONS WHEN TWO CARS CRASH ON A SYDNEY SUBURBAN STREET

As our client was about to drive his car into his driveway at the end of his work shift as a forklift driver a car coming in the opposite direction, and at significant speed, struck the front of our client’s car.  The collision caused massive damage to both cars.  Sadly, the collision also resulted in our client suffering a catastrophic injury to his left leg.  His leg could not be saved and was surgically amputated below the knee, whilst he was still in hospital.

Several months later, partially because of our client favouring his “good leg” and partially because his “good leg” had some vascular disease this leg was also amputated below the right knee.

The CTP insurer of the other car hotly disputed that the driver of the car was at fault.  The insurer blamed our client.  Experts were engaged for both parties.  They came to different conclusions as to who was at fault.

Ultimately our client’s claim for compensation was settled out-of-court on very favourable terms for him.  

FATAL COLLISION BETWEEN A CAMPERVAN AND TRUCK IN COUNTRY VICTORIA

A family of German tourists were travelling in a campervan, driven by the family’s father, along a quiet country road in Victoria.  Tragically, the driver forgot for a moment to drive on the left side of the roadway.  At that very moment a large truck came around the corner in the opposite direction and collided head-on with the campervan.  Short driver of the campervan was killed instantly and his two young children, aged 16 and 14, suffered terrible injuries.  

The two injured youngsters and their surviving mother were repatriated to Germany shortly after the youngsters were discharged from their respective hospitals in Melbourne.  

We travelled to Germany to meet with them and others to prepare their claims for compensation against the CTP insurer (compulsory third-party insurer) of their deceased father.  The insurer admitted liability on the basis that he was entirely to blame for the accident.  

The two significant claims were settled at separate mediations held in separate German cities, both for large sums of money.

Because of the difficult and awkward time difference between Germany and the eastern seaboard of Australia we were up until the early hours of morning in Germany before both compensation claims were settled at the mediations.  

YOUNG MALE PASSENGER SUFFERS TRAUMATIC BRAIN INJURY ON A “JOYRIDE”

Our adolescent client was travelling as a front seat passenger in a car driven recklessly by his friend, an unlicensed and underage driver of his mother’s car late at night on a country road.  The car slammed into a telegraph pole, causing our client to suffer an acute traumatic brain injury.  

His friend had taken his mother’s car for a joyride, without her permission and despite the fact that he did not have a driver’s licence.  

Our client’s brain injury was so serious that he was accepted as a permanent participant in the Lifetime Care and Support scheme, which provides lifetime cost of care and medical treatment on a no-fault basis.  

We acted for our client in his fault-based claim for damages based on the negligent driving of the car.  

Our client’s claim was ultimately settled on a compromised basis, because of his own contribution to the accident and injuries by travelling in a car which he knew was being driven by an unlicensed, underage driver.  The settlement was approved by a judge in the District Court in Sydney.  

PEDESTRIANS STRUCK BY A CAR, LATE AT NIGHT, IN NORTH QUEENSLAND

Whilst he was visiting relatives in North Queensland our client walked on a dark country road late at night.  The driver of an oncoming car did not see him in time to avoid running into him and causing him to suffer a serious knee injury.  

We brought a claim for compensation on behalf of our client against the relevant compulsory third party insurer of the car, in Queensland.  

Our client’s claim was settled out-of-court on a compromised basis of 50% to blame for the car driver and 50% to blame for our client in walking on the road, on a dark night, in dark clothing.  

FEMALE SUFFERED TRAUMATIC BRAIN INJURY IN A CAR ACCIDENT

In the early hours of the morning our client was sitting in her stationary car, at a set of traffic lights in suburban Sydney when a car coming from her right drove through the intersection, striking our client’s car and slamming it against a wall.  

As a consequence, our client suffered a serious traumatic brain injury and other orthopaedic injuries.  

We brought a claim for compensation on her behalf against the compulsory third party insurer of the other car.  The insurer admitted liability on the basis that the driver of that car was entirely at fault.  

Because of the serious brain injury suffered by our client she was accepted as a permanent participant in Lifetime Care and Support, which will pay the costs of her medical treatment in care for the rest of her life.  

We brought a common law damages claim for pain and suffering, economic loss and the cost of funds management against the compulsory third party insurer.  Following protracted settlement discussions our client’s claim was settled for a very significant sum, with a judge in the District Court approving the settlement as being appropriate and in our client’s best financial interests.  

HEAD-ON COLLISION ON SYDNEY HARBOUR BRIDGE LEADS TO SERIOUS INJURIES

Whilst travelling as a passenger in a car being driven on the Sydney Harbour Bridge our client suffered serious orthopaedic injuries when a car coming in the opposite direction crossed on to its incorrect side of the bridge and slammed head-on with the car in which she was travelling.  

Traffic chaos followed.  A helicopter landed on the bridge and took our client to a nearby Sydney hospital for urgent surgery.  

In due course the claim for damages which we brought on our client’s behalf against the compulsory third party insurer of the car at fault was settled for a significant sum.  

BELGIAN TOURIST SUFFERS TRAUMATIC BRAIN INJURY IN A ROLLOVER IN OUTBACK NEW SOUTH WALES

Our young female client travelled from Belgium to Australia for a working holiday and to improve her English before entering university in Brussels.  

Whilst she was a passenger in a car being driven by a friend in outback New South Wales one of the tyres burst, causing the driver to lose control.  The car rolled several times before ending up on its roof.  

Our client suffered a brain injury and injuries to her neck and back.  

After our client was repatriated to her family in Belgium she entered university to study speech pathology.  Because of her brain injury, resulting in cognitive deficits and fatigue, our client took twice as long as normal to complete her degree and to enter the Belgian workforce.  

Even then our client was limited in the hours she could work per week because of her cognitive deficits and accident-related fatigue.  

We visited our client on several occasions in Belgium to take statements from her, her parents and sisters and others in preparation for her compensation claim to be determined by the court or by settlement.  We could not finalise our client’s claim until she had completed her university degree and had worked for at least two years in her reduced capacity. Otherwise we would not have known the likely long-term economic consequences caused by her reduced working capacity.  

Our client’s claim was ultimately settled following negotiations between us and the lawyers for the compulsory third party insurer of the car in which our client had been travelling.  Our client received a significant sum of money to compensate her for her past and future losses.  

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I could write a book as to how the last 4 years would have been different if not for Tom and his team.
The support, assistance, advice from the first conversation till even after the settlement was second to none from the team at Stacks Goudkamp.
Four years on and after many downs, my children and I have our lives back.
We are unable to THANK YOU enough, but know that you have changed our lives for the better in so many ways since the accident.

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