Car Accident Compensation Case Studies

FANTASTIC OUTCOME FOR ‘CAR-DOORED’ MOTOR SCOOTER RIDER

Our client was minding his business, riding his motor scooter along a busy road in Randwick, when the driver of a parked vehicle carelessly opened the car door directly into our client’s path.

Collision was inevitable. The door of the car pierced our client’s left foot and he sustained nasty fractures and tendon damage. He had to have a number of operations including skin grafting to repair the damage to his foot.

Our client’s recovery was slow, and having to use crutches and moon boot aggravated the minor lower back problems our client had been successfully dealing with in the weeks before the crash.

Incredibly, and based on minimal investigation by police (who didn’t bother to attend the scene, didn’t interview any witnesses other than our client and the driver of the parked vehicle, and even mistakenly recorded the location of the accident in the police report), our client was blamed for the accident. Adding insult to injury, the police issued our client with a fine, and the insurance company denied that their driver was responsible for the accident and refused to pay for our client’s medical expenses.

Here at Stacks Goudkamp, we never rely on limited investigation. We met with our client at the precise location of his accident, where our client was able to explain to his solicitors exactly what happened on that fateful day.

These investigations paid off in the end, because we were able to negotiate a settlement for our client which did not require our client to accept any responsibility for the carelessness of the insured driver.


INJURY TO ELITE SNOW SKIER

NP was a passenger in a car in the Snowy Mountains when a car being driven in the opposite  direction by a very elderly gentleman made a right-turn across the path of the car in which our client was travelling. The cars collided heavily. Our client suffered serious orthopedic injuries.

The insurer admitted liability. The claim was settled at the CARS assessment hearing for a large, tax-free lump sum.


PASSENGER SUFFERS SPINAL INJURY WHEN CAR HITS TREE

CB, a 50-year old pensioner in the country suffered a serious spinal injury when the car in which she was a passenger, left the road and hit a tree.

Our client was accepted into Lifetime Care and Support which will cover all her medical, equipment and other costs for the rest of her life.

In order to preserve her Centrelink payments our client’s claim was restricted to damages for pain and suffering.

Whilst our client’s injuries were shocking they could have been more serious.
The claim was settled with the insurer for almost the maximum sum available to our client.


MOTHER SUFFERS PSYCHOLOGICAL INJURIES AFTER CHILD STRUK BY CAR

KC walked to her children’s primary school to collect them after a school day.  She was at an intersection controlled by a roundabout, when her 6 year old son let go of her hand and stepped out onto the roadway.  A provisional driver, who was turning left at the roundabout was not paying attention and was looking for traffic on his right, and in doing so proceeded turning left whilst continuing to look to his right, and failed to see the little boy, and as a result knocked him to the ground.  Her son sustained a traumatic brain injury.

As a result of witnessing the accident and given the severity of the boy’s injuries, she not surprisingly developed a psychiatric condition, and to date, she continues to struggle.

Her long term plans of returning to fulltime work when her children were of age, are now impossible and she survives from day to day.

She struggles most days to come to terms with the severity of the injuries sustained by her son, which prevents her from returning to fulltime work.  She works part time, and is barely coping with that.

The insurance company denied liability for her claim, and that of her son.  After protracted settlement negotiations the insurance company were prepared to accept liability and eventually settled both matters.

KC was able to receive compensation for her psychological injuries, past and future medical expenses and past and future loss of income on the basis that her ability to return to fulltime work his been significantly diminished.


COMPENSATION FOR FOUR CHILDREN AFTER LOSS OF MOTHER

Sam, our client in this claim, was ten years of age when his mother was tragically killed in a motor vehicle accident when her car was hit by a vehicle being driven by an intoxicated driver.

A claim for compensation under the Compensation to Relatives legislation was litigated on behalf of the four children of the deceased, who were subsequently compensated for the loss of economic support that their mother would have provided to them. Sam, being the youngest, received the greatest amount of compensation.

In addition, a claim form was lodged by this firm on behalf of Sam with the Insurer within six months of the date of the accident, putting the Insurer on notice that Sam had suffered nervous shock from the circumstances of the death of his mother.

Subsequently it was realised, by his father, that Sam had suffered significant psychological damage as a result of the shock he sustained at the death of his mother. He was diagnosed as suffering from a persistent depressive disorder with low mood, sleep disturbance, feelings of hopelessness inadequacy and suicidal thinking. He also developed a phobia about travelling in any form of motor vehicle.

The Insurer agreed that Sam’s level of impairment was so severe as to entitle Sam to general damages under the Motor Accident Compensation Act 1999, and an allowance for future economic loss.

Settlement was reached with the Insurer, and the settlement approved by the Court. The proceeds of the settlement have been paid to the NSW Trustee and Guardian, to be held until Sam attains the age of 18 years.


STATIONARY VEHICLE REAR ENDED CAUSING BACK INJURYOur client ST was involved in an accident whilst sitting stationary at an intersection on the Central Coast. Suddenly and without warning another vehicle rear-ended his car causing his body to be jolted back and forth within his seat.  Immediately after the accident ST felt pain in his neck and upper back and began to experience an intense headache. This pain persisted to a point where he was unable to work for over one month.

ST was later found to be suffering a chronic pain disorder in his neck and upper back.

At the time of the accident ST had been working as a Teacher’s Aide, however he had a background doing manual labour work, specifically as a welder. Therefore, we brought a claim that he had lost the opportunity to return to such physical work in the future and for the fact he now needs  ongoing medical and home care, because he is no longer as capable of doing the work around his own home.

We were able to achieve a very good settlement for our client without the need to go to a CARS Hearing.


SCOOTER RIDER SUFFERS LUMBAR SPINE INJURYOur client was injured in a motor vehicle accident when his scooter was struck by the defendant in a busy intersection at Macquarie Park. The most significant injuries sustained by our client were fractures to his thoracic and lumbar spine.

The insurer denied liability and alleged our client’s injuries pre-dated the accident.

Court proceedings were commenced, however we successfully settled our client’s claim out of court.


CAREER AFFECTED BY BACK INJURYWe successfully acted for OM who suffered a lower back injury (including the aggravation of pre-existing degenerative changes) when her car was T-bone by another car that failed to give way to her when coming out of a side street. OM’s car was sent spinning across the road before going into an adjoining property and hitting the house.

Our client, aged 36 at the time of the accident, claimed that her back injury may affect her ability to work as a teacher in the long term and that she will require care and assistance in the future as a result of her back pain.

Despite the insurance company trying to argue that she already had a pre-existing back injury, we were able to gather strong medical evidence and statements in support of OM’s claim and to negotiate a very satisfactory settlement for her.


FRONT SEAT PASSENGER SUFFER MULTIPLE INJURIES

MR was a front seat passenger in a vehicle driven by her friend and they were travelling from Canberra to Eden, when a vehicle failed to stop at a T‑intersection and as a result there was a collision between the two vehicles.

She lodged a claim with the Transport Accident Commission who was the CTP insurer of the vehicle at fault.  The driver of the vehicle was charged with negligent driving and subsequently TAC admitted liability.

As a result of the collision, she sustained injuries to her neck, back, both shoulders and severe seat belt bruising across her chest and abdomen.

As a result of her injuries, she initially had time off work, and despite her best efforts, she had no alternative but to reduce her hours of work and was only able to work 3 days per week.

Her injuries were assessed by the Medical Assessment Service as being over 10% whole person impairment and she was therefore entitled to receive compensation for her pain and suffering.

Whilst initially it was thought her injuries would not get over the 10% whole person impairment threshold, after further investigations her injuries were assessed at being over 10% whole person impairment.

Despite the insurance company’s best efforts to review that decision, she was able to hold on that decision.

At an informal settlement conference with the insurance company she was able to reach an out of court settlement of her claim, and she was very pleased with the result.


ACCIDENT CAUSES FINANCIAL HARDSHIP

Our client was injured in a motor vehicle accident on his way to work. At the time, he had just started a new job and was on a trial period with his new employer. Our client was living week-to-week at the time of his accident, and having to take unpaid time away from work to recover from his injuries placed him under significant financial hardship.

Our expert team of compensation specialists secured our client an advance payment from the insurer on account of his financial hardship which greatly assisted his financial situation. His claim was later settled for a sum which took into account the impact that our client’s injuries will have on his ability to work for the remainder of his life.


DRIVER INJURED WHEN REAR ENDED AT A ROUND ABOUT

TT was driving her motor vehicle through a roundabout in a local suburb when another vehicle failed to negotiate the roundabout and collided with the rear of her car.  The insurance company admitted liability.
As a result of the accident, she sustained injuries to her neck and back which caused her significant and ongoing problems.

She soldiered on at work, however was forced from time to time to take time off work as a result of her injuries, and fortunately she had a sympathetic employer.

She lodged a claim with the insurance company and despite the case not settling at an informal settlement conference with the insurance company and its lawyers, the case settled at the footsteps of court.

In July 2012 was TT was driving her motor vehicle through a roundabout in a local suburb when another vehicle failed to negotiate the roundabout and collided with the rear of her car.  The insurance company admitted liability.

As a result of the accident, she sustained injuries to her neck and back which caused her significant and ongoing problems.

She soldiered on at work, however was forced from time to time to take time off work as a result of her injuries, and fortunately she had a sympathetic employer.

She lodged a claim with the insurance company and despite the case not settling at an informal settlement conference with the insurance company and its lawyers, the case settled at the footsteps of court.

She now has the financial freedom to be able to take time off work and not have to worry about her running out of sick leave entitlements.
She now has the financial freedom to be able to take time off work and not have to worry about her running out of sick leave entitlements.


DRIVER SUFFERS WHIPLASH INJURY

Our client lodged a CTP claim after the car in which she was travelling was violently rear-ended whilst stationary in heavy traffic exiting the M5 motorway. Fortunately she suffered only a minor whiplash injury in the accident, whilst several other members of her family were more seriously injured. Our client continues to suffer some intermittent neck pain and headaches, however, overall, she made a good recovery following the accident. Notwithstanding the less severe nature of her injury, we were able to negotiate a significant settlement for her and one which not only compensated her her past medical treatment and time off work, but which will provide her some additional financial security in the future.


ELITE SNOW SKIER INJURED IN CAR ACCIDENT

NP was a passenger in a car in the Snowy Mountains when a car being driven in the opposite  direction by a very elderly gentleman made a right-turn across the path of the car in which our client was traveling. The cars collided heavily. Our client suffered serious orthopedic injuries.
The insurer admitted liability. The claim was settled at the CARS assessment hearing for a large, tax-free lump sum.

DRIVER SUFFERS SEVERE NECK INJURY

Our client was in her car which was stationary at an intersection when a vehicle travelling behind her failed to stop and collided with her vehicle.  It was a violent collision causing her to be flung forward and back into her seat.

As a result of the collision she sustained to her neck and back, and required 6 weeks off work. Fortunately, due to her work ethic and resilience, she returned to work.

In her occupation as an interpreter/linguist she is required to sit for extended periods whilst performing her duties, which caused her significant pain and discomfort in her neck and back.

The CTP insurer accepted that as a result of her difficulties she should be entitled to an allowance for future economic loss to represent her disadvantage on the open labour market, and the claim was settled for a very satisfactory sum.


DISCOMFORT TURNS INTO SIGNIFICANT PAIN

Our client was driving his motor vehicle which came to a stop in a line of traffic. Unfortunately, the vehicle behind him failed to stop and struck his vehicle.

Initially, he thought he had suffered no injuries, however later that evening he developed significant pain and discomfort in his spine.

As a result, he now has continuing pain and discomfort in his neck and back.

At the time of the accident he was in receipt of a disability pension as a result of a previous psychiatric injury. Prior to this accident he had successfully applied for 2 jobs and had accepted one of those jobs and was due to commence employment with that employer approximately 1 week after his motor vehicle accident.

Regrettably, as a result of the injuries he sustained in the motor vehicle accident he was unable to commence this employment and remains unemployed.

He successfully negotiated an out of court settlement with the CTP insurer and was extremely satisfied with the result.


CARER SUFFERS MORE BAD LUCK

Jane was driving her son in her normal duties as a carer for him when a driver who failed to stop collided with the rear of her vehicle.  Jane has been the primary carer for her son who previously sustained a traumatic brain injury in a motor vehicle accident when he was an infant.

If life hadn’t already dealt her a bad hand, she now suffered injuries herself.  She is trying her best to look after her disabled son. In the accident she sustained an injury to her thumb, whiplash injuries to her neck and back.

As a result she has difficulties performing various tasks around the house and also was trying to turn her hobby as a milner into an income producing business.  The injury to her thumb affected her ability to make hats, which was her only sanctuary.

After protracted negotiations with the insurance company she was able to settle her claim for a significant sum of money, and given what she had to endure, she deserves something to go her way for a change.


PASSENGER SUFFERS INJURIES

Michael was a passenger in a vehicle driven by his mother.  She was his primary carer and would take him wherever he needed to go, as he was unable to drive as a result of a traumatic brain injury he sustained when he was an infant.

He relied on his mother to assist him with every aspect of daily living.

Whilst driving his mother was stationary in a line of traffic when a vehicle failed to stop in time and collided with the rear of her vehicle.  As a result, Michael sustained whiplash injuries to his neck and back, which prevented him from assisting his mother with the very limited assistance that he did provide her, that is with making his bed, mowing lawns, and generally helping around the house which is something he was capable of doing prior to the motor vehicle accident.

After protracted negotiations we were able to settle his claim.


STATIONARY CAR REAR ENDED

Our client was in her car stationary at traffic lights when a vehicle behind her failed to stop and collided with her vehicle leading to her vehicle then being forced into the back of the vehicle in front of her.  As a result she was violently flung forwards and backwards in the seat of her car.

She sustained serious injuries to her face, including a fractured eye socket that resulted in headaches, dizziness, blurred vision, double vision. As a result of her injuries she also developed anxiety, had flashbacks and nightmares of the accident.

She experienced ongoing pain and discomfort in her neck and back which caused difficulty sitting at a computer for long periods.

She experienced problems with bright lights and had tingling and numbness on the right side of her face.  She was successful in negotiating a large settlement with the CTP insurer.


DRIVERS LIFE CHANGES DRAMATICALLY AFTER ACCIDENT

In 2011 our client was on her way to work when her life flashed before her after being struck by a vehicle whilst she was waiting to turn right.

As a result of the lack of attention on the road on behalf of the driver at fault, her life changed significantly as a result of the injuries she sustained in the accident.

She sustained a mild traumatic brain injury, severe amnestic syndrome, post‑traumatic stress disorder, adjustment disorder with anxious mood, and other soft tissue injuries to her neck and lower back.

The combination of the injuries resulted in her having significant time off work, but it also affected her studies. Only due to her own perseverance and determination was she able to return to work some years later and completed her university degree and ultimately qualified as an occupational therapist.  She is now able to help others come to terms with injuries they may have sustained and provide them with some guidance, as she has personally experienced such a significant ordeal.

After a number of years fighting the insurance company, she was able to achieve a six figure settlement of her claim.


PASSENGER INJURED BY DRIVER AFFECTED BY DRUGS

 The driver of the car in which our client was travelling as a passenger was badly affected by drugs. The car went out of control and our client suffered some injuries, although they were only relatively minor. Despite the problems on liability we were able to settle his claim quickly and for a reasonable sum.


PASSENGER INJURED BY INTOXICATED DRIVER

We acted for a 22 year old man who was injured when travelling as the front seat
passenger in a vehicle driven by a friend. The accident happened at about 3:00am.
Our client, the driver and 2 other friends were on a night out and all had consumed
 large amounts of alcohol. The accident happened on their journey home.

The driver lost control of the vehicle, which veered off the road and slammed into
a tree. He was killed in the accident. Our client suffered several injuries including
a ruptured aorta, fractures to his back and other parts of his body as well as injuries
to a lung and kidney.

The insurance company denied fault for the accident on the basis that the driver
 of the vehicle was affected by alcohol and that our client should have been aware
of this, as he had been drinking with the driver all evening and thus should not 
have travelled with the driver. The two other friends had refused to travel with the
 driver and had tried to persuade our client not to go in the car with the driver
 due to his level of intoxication, which was powerful evidence in the insurer’s favour.

Despite the insurance company’s denial of liability and the difficulties in our
 client’s case, a good out of court settlement was reached.


DRIVER SUFFERS BROKEN LEG

 She was injured as she was driving in Camden, on her way to doing a home delivery of a pizza when a car made a right hand turn in front of her. In the collision she a significant leg injury which caused her to spend several weeks in hospital.

At the time of the accident our client was employed as a pizza deliverer. She also had her own cake making business on the side and it was her intention to become a qualified pastry cook.

The insurer admitted liability but alleged that our client contributed to the accident, which we regarded as a spurious allegation, given the circumstances of the accident and the fact that our client had done nothing wrong.

Our client changed careers because of her leg injury but made a reasonable recovery.

At the settlement conference with the insurer there was no mention of any contributory negligence by our client and the claim was settled for full value for a very satisfactory sum.


CHINESE STUDENT SUFFERS EYE INJURY

Our client suffered a significant injury to her eye in a motor vehicle accident. The injury left her with impaired vision.

It was our client’s case that at the time of the accident she was studying English, having recently come to this country from China, so that she could commence a health therapy business. Unfortunately her injuries made it impossible for her to complete her TAFE course or to commence her business. Accordingly a significant loss of income earning potential was claimed on her behalf. This claim was vigorously opposed by the insurer.

The claim was well settled at the door of the court.


TRAGIC HEAD ON

Our client was involved in an horrific head-on collision on the South Coast, in which a number of people were killed. Tragically our client suffered the partial loss of her bowel, and other injuries.

Liability was admitted by the insurer so the only matter to be determined was the quantum of our client’s claim. After an unsatisfactory settlement conference with the insurer our client sacked her previous lawyer and transferred her instructions to our firm. Her claim was then fully prepared and re-submitted for a settlement conference, at which her claim was settled for a very significant sum.


REAR END SHUNT CAUSES CHRONIC BACK PAIN

Our client was injured in a motor vehicle accident whilst driving home from work.  He was stationary in a queue of traffic waiting to join the M2 motorway, when a car collided into the back of his vehicle.

Our client sustained a severe whiplash injury to the neck, as well as soft tissue injuries to the thoracic and lumbar spine.  Our client’s pain became chronic and extended to his left shoulder, causing loss of range of motion in his left arm.

Our client was a manual tradesman and despite his best efforts, eventually lost his job as his injuries prevented him from doing his usual work duties.

Liability was admitted by the CTP insurer of the vehicle that caused the accident.  We successfully settled our client’s motor accident compensation claim for a significant sum at a settlement conference.  Although our client has not yet been able to return to work, he now has financial security for the future.


CAR ACCIDENT CAUSES NECK INJURY

We acted for a fit and healthy middle-aged woman who sustained soft tissue injuries in a rear-end motor vehicle collision. Our client’s injuries had a profound impact on her livelihood as a masseuse and beauty therapist, as her neck and shoulder pain prevented her from growing and developing the business she had established only weeks prior to the accident. The accident caused our client significant financial and emotional distress.

The insurance company accepted responsibility for the accident but disputed the nature and extent of our client’s injuries. We were able to convince the insurer about the severity of our client’s injuries and negotiate a settlement which took into account our client’s difficulty with her pre-accident employment and provide her with some financial security going forward.


DRIVER SUFFERS SEVERE LEG INJURY

She was injured as she was driving in Camden, on her way to doing a home delivery of a pizza when a car made a right hand turn in front of her. In the collision she a significant leg injury which caused her to spend several weeks in hospital. At the time of the accident our client was employed as a pizza deliverer. She also had her own cake making business on the side and it was her intention to become a qualified pastry cook.

The insurer admitted liability but alleged that our client contributed to the accident, which we regarded as a spurious allegation, given the circumstances of the accident and the fact that our client had done nothing wrong. Our client changed careers because of her leg injury but made a reasonable recovery.

At the settlement conference with the insurer there was no mention of any contributory negligence by our client and the claim was settled for full value for a very satisfactory sum.


SPINAL INJURY

Our client, a young lady, was injured in a motor vehicle accident which resulted in her undergoing spinal surgery. She fortunately made a successful recovery and was able to resume her normal work as an occupational therapist tending to the needs of children. She was however restricted by ongoing back pain and had difficulty carrying her equipment, particularly when she had to negotiate stairs and steps.

Liability was admitted by the insurer. However, and unfortunately, our client’s whole person impairment was assessed at being less than the threshold required for entitlement to damages for pain and suffering and accordingly her claim was restricted to loss of income and the cost of future paid care.

After somewhat protracted efforts to have our client’s whole person impairment assessed at over the required threshold the claim was settled for a satisfactory sum, thus avoiding the possibility of disappointment at a CARS hearing.


CATASTROPHIC INJURIES

Our client was an elite sportswoman who had just completed her Higher School Certificate and was about to commence a Science Degree course specialising in exercise physiology, at university, when she suffered a catastrophic brain injury in a head-on collision. The insurer ultimately admitted liability. Our client is a lifetime participant in Lifetime Care and Support. Accordingly her claim excluded claims for medical expenses, care, home modifications etc because these items are paid and will continue to be paid by Lifetime Care and Support. Accordingly our client’s claim was restricted to a claim for non-economic loss (pain and suffering and loss of enjoyment of life and past and future loss of earnings.

Our client managed to commence her university studies a year after the accident through sheer determination and guts but has found learning and coping with the stresses of university life and study to be very exacting and draining. One of our client’s main complaints was that she suffered from severe cognitive fatigue, which is a common consequence of traumatic brain injury.

The general medical consensus is that our client may complete her university degree course, although it will take 2 or 3 times longer than it would have done, had she not been injured. However our client’s employment prospects, even if she graduates with a degree, will always be problematic, because of her ongoing cognitive and physical deficit. As our client lacked the cognitive ability to give instructions and to manage a significant sum of money her mother was appointed as “Tutor” for the purpose of giving instructions.

After protracted negotiations with the insurer and its lawyers the claim was settled for a very significant sum, subject to obtaining the court’s approval. That application will be made to the court for a funds manager to be appointed to invest our client’s settlement monies on her behalf and to provide her with the requisite protection to ensure that her funds are properly invested and secured.


CAR HIT AT HIGH SPEED

As our client was driving her son to an aquatic centre in Sydney her car was struck violently from behind by a heavy vehicle travelling at very high speed. The outcome was disastrous for our client, who suffered serious orthopaedic injuries and for her young son, who sustained a severe traumatic brain injury.

Our client eventually recovered sufficiently to be able to  resume work as a nurse, but only on a part-time basis. Our client also was unable to undertake her normal household chores and required assistance from her husband.

Her claim was settled for a large sum at a settlement conference with the insurer’s lawyer.

Her claim was settled for a large sum at a settlement conference with the insurer’s lawyer.


CHINESE STUDENT SUFFERS EYE INJURY

Our client suffered a significant injury to her eye in a motor vehicle accident. The injury left her with impaired vision.

It was our client’s case that at the time of the accident she was studying English, having recently come to this country from China, so that she could commence a health therapy business. Unfortunately her injuries made it impossible for her to complete her TAFE course or to commence her business. Accordingly a significant loss of income earning potential was claimed on her behalf. This claim was vigorously opposed by the insurer.

The claim was well settled at the door of the court.


TRAGIC HEAD ON

Our client was involved in an horrific head-on collision on the South Coast, in which a number of people were killed. Tragically our client suffered the partial loss of her bowel, and other injuries.

Liability was admitted by the insurer so the only matter to be determined was the quantum of our client’s claim. After an unsatisfactory settlement conference with the insurer our client sacked her previous lawyer and transferred her instructions to our firm. Her claim was then fully prepared and re-submitted for a settlement conference, at which her claim was settled for a very significant sum.


INJURIES CAUSE STRESS

Our client was involved in a rear end collision which resulted in her suffering injuries to the discs in her neck and lower back.

Although our client was able to continue to work in her administrative role, after having taking 3 weeks off work, her performance at work suffered so that she became vulnerable should she find herself on the open employment market if she was made redundant.

Furthermore unlike before the accident, our client was unable to undertake her normal household tasks because of her injuries.  These tasks had been delegated to her husband which placed some strain on their relationship.

Liability was admitted by the insurer.

Our client’s claim was settled for a significant sum at a settlement conference with the insurer.


DRIVER HIT BY STOLEN VEHICLE

Brian, aged 62, was driving home one night when he was hit at speed by a stolen vehicle. He injured his neck and back in the accident and his car was written off.

Brian kept himself fit and well prior to the accident, but he had some longstanding health problems including pain in his back before this accident.

The insurance company refused to pay for surgery and treatment he needed on the basis that it was not related to the car accident. We were able to prove, through expert medical evidence, that the majority of his problems were caused by the car accident and not his pre-existing condition. We obtained an excellent settlement for Brian including a generous allowance to cover all his medical treatment needs and housecleaning and gardening care for the future.


PASSENGER INJURED

Evelyn was doing extremely well in her university studies in art and was a successful teacher of art and a freelance photographer when she suffered a number of physical injuries in a road accident in Sydney.

She was a passenger in a car which tried to cut across a line of traffic and was hit on the passenger side by another car. The insurer admitted liability.

The claim was settled for a large sum taking into account the massive disruption to Evelyn’s career, her need for ongoing domestic assistance and medical treatment and her pain and suffering.


PENSIONER INJURED

Jane is a pensioner who suffered a fractured dominant hand in a car accident. The insurer admitted liability.

The claim was successfully settled taking into account that the claimant may require some domestic assistance in the future if her injured hand develops arthritis.


NURSE INJURED ON THE WAY TO WORK

Kerrie, a Registered Nurse, was on her way to work in the heavy rush hour traffic 
when her car was rear-ended. The impact was with such force that it caused her car
 to smash into the taxi in front of her. Kerrie sustained bruising to her face as
 a result of the airbag’s deployment, and severe whiplash injuries.

Kerrie’s neck injuries impacted her ability to work both inside and outside of the
 home. Kerrie’s injuries restricted her from performing many of her nursing duties 
subsequently forcing her to take on a more sedentary role at the hospital. At home Kerrie struggled to look after her two small children and to run the house.

Through careful negotiations with the CTP insurer we managed to successfully claim
 compensation for Kerrie’s loss of opportunity to continue her career in nursing
and for domestic assistance to help her around the house.


FRONT SEAT PASSENGER SUFFERS BRAIN INJURY

Sarah was 21 when she suffered serious neck injuries and a traumatic brain injury 
in a one vehicle roll-over accident.

The major issue was whether she was a passenger or a driver. There were no witnesses 
to the accident, and because of her brain injuries Sarah couldn’t remember where
 she had been seated in the car. Her boyfriend was with her in the car and initially 
said he was driving but later changed his story. It was vital that we prove that 
Sarah had been a passenger rather than the driver because if she had been driving 
she would not have been entitled to any compensation.

We were able to prove, through forensic investigation, that Sarah was in fact a
 passenger. Her claim was very successfully settled.


DRIVER RUN OFF ROAD BY IDENTIFIED VEHICLE

Our client alleged that he was forced off the road by an unidentified motor vehicle 
and suffered back and brain injuries.

He brought a claim against the Nominal Defendant
 (which is the body that a claim is brought against in cases involved unidentified 
or unregistered vehicles). There were no witnesses to the accident who could verify
 that there had been another vehicle involved, and the insurer denied liability for 
the claim. After protracted litigation the matter was successfully settled.


CASE SETTLES OUT OF COURT

We acted for Karen, a 59 year old female who was involved in a motor vehicle accident.
 She suffered injury to her neck and right shoulder. Liability was accepted by the 
CTP insurer. Karen was assessed by the Motor Accidents Authority’s Medical Assessment
 Service. Her neck injury resolved however she was left with some impairment of the 
right shoulder. Unfortunately, the impairment to her right shoulder did not exceed 
the necessary threshold, and therefore she was not entitled to compensation for
 pain and suffering.

Karen was still entitled to claim for economic loss, domestic
 assistance and medical treatment. Parties participated in an informal settlement
 conference and her claim was successfully settled very satisfactorily.


DRIVER INJURED IN TWO SEPARATE ACCIDENTS

Irene was 52 year old female driver involved in two separate motor vehicle accidents 
in the same year. The second accident aggravated the injuries from the first accident.
 Two different defendants were involved.

The claim against the first defendant was complicated because the client did not 
lodge a personal injury claim form in the required six month period and the insurer 
did not accept her claim. The insurer for the second accident accepted the client’s
 claim.

The client had been assessed by MAS and her injuries did not exceed the threshold
 of 10% to receive compensation for pain and suffering, therefore reducing the amount
of damages she was entitled to receive.

Settlement negotiations were conducted with both defendants reaching a successful, combined settlement .


DRIVER T-BONED

Kathryn was a 34 year old female driver, involved in a motor vehicle accident where 
her car was T-boned. Liability was accepted. The client underwent treatment and 
most of her symptoms were resolved with time. Expert medical evidence was obtained 
as to the ongoing affect of injury. It was conceded that the client would not exceed 
the threshold of 10% to receive compensation for pain and suffering, therefore reducing
the amount of damages she was entitled to receive.

The client’s claim was limited 
to future medical treatment such as physiotherapy and a small buffer for future 
economic loss. Successful settlement negotiations where conducted with the defendant
and the client received adequate damages to cover future medical expenses and the 
like.


DRIVER LOSES LEG IN TRAGIC ACCIDENT

Jonathan was a 60 year old invalid pensioner who suffered a leg amputation in an 
unusual road accident. He had gone to a hardware store and loaded his trailer with 
planks of wood. As he drove home, in the dark, a piece of timber, which obviously 
hadn’t been properly secured, fell out of the trailer and onto the road. Jonathan
 pulled over to the left hand side of the 3 lane main road, next to the median strip,
 switched on the trailer’s hazard lights and retrieved the timber from the road.
 As he was re-securing the load a following car ran into the back of the trailer which
 speared into Jonathan, causing severe leg injuries which resulted in his injured 
leg being amputated in hospital.

The insurance company denied liability saying the accident was our client’s fault
 as he had put himself in a position of peril. The case went to mediation where it was eventually settled for a large sum.


GIFTED STUDENT SUFFERS BRAIN INJURY

When David was 8 years old he suffered a significant brain injury in a road accident. 
Before the accident he was a “gifted” student. He made an excellent recovery from 
his brain injury but after the accident he struggled and although he achieved 
outstanding marks in the Higher School Certificate and was able to pass his university 
exams he was only able to do so by sacrificing all other activities and accepting 
lower than expected results.

It was necessary to wait until David had finished school and was half way through
 an accounting degree before we could finish his claim, as it wasn’t until he had 
got that far through his education that it was possible to see just what effect 
his brain injury was going to have on his life. The claim was successfully settled.


CHILD SUFFERS BRAIN INJURY

Justin, 5 years old, suffered a catastrophic brain injury when the car in which he was 
travelling as a passenger and which was being driven by his father, left the roadway 
and collided with a barbecue and then a tree.

Justin’s injuries were appalling and resulted in him requiring lifelong care,
 home modifications, transport modifications and an array of aids and equipment.

Justin’s claim was brought against the Third Party insurer of his father’s car.
 The insurer denied liability on the basis that the driver was not at fault because
he had had an unexpected epileptic fit, which could not have been foreseen.

It was alleged, on Justin’s behalf, that the accident occurred because his father 
was tired and fell asleep.

Both parties obtained forensic evidence to try and support their positions. It became
 clear that on the balance of probabilities the driver had indeed fallen asleep and 
that he had not suffered an epileptic fit. The claim was settled out of Court.


VEHICLE HIT POLE AT HIGH SPEED

We acted for a 16-year-old passenger who sustained catastrophic injuries in a motor 
vehicle accident. The driver, who was unlicensed, (which may have been known by 
the plaintiff) lost control at high speed and collided with a telegraph pole. The 
seat belt worn by our client had snapped and an unsecured spare tyre in the boot 
of the vehicle came through the backseat of the car striking him on the back. As 
a result of the accident our client sustained severe spinal injuries and is now
 a quadriplegic.

Despite allegations of contributory negligence and issues on the plaintiff’s life 
expectancy, this case settled out of court and our client received millions of dollars.


TEEN’S CAREER HOPES DASHED

We acted for Simon, aged 19, who suffered a burst fracture to his lumbar spine when
the car in which he was travelling as a front seat passenger on the main street 
in Gosford turned right, directly into the path of a truck.

At the time of the accident Simon was studying for a degree in Oral Hygiene and 
intended to become a dentist. Unfortunately his injuries will now prevent him from 
ever being able to work as a dentist.

In a quest to find a new career path he joined the NSW Police Force and was due 
to commence his training in late 2010. He had ambitions of being transferred to 
the Australian Federal Police and specialising in the detection of computer fraud.

The insurance company admitted liability and the claim was settled for a significant
sum at an informal settlement conference.