John’s journey: Overcoming adversity to secure a $500,000 Total Permanent Disability (TPD) claim
John’s Journey:Overcoming adversity to secure a $500k TPD Claim Jump to Result This image does not depict our actual client. John’s story In July 2017,
At GMP Law, we have extensive experience in class action lawsuits, amplifying the voices of individuals who have experienced similar harms or losses.
Gerard Malouf & Partners Manage Cases For Clients Across All Areas Of Personal Injury Law, Inheritance Disputes And Superannuation Disputes.
Gerard Malouf & Partners Have Provided Friendly, Experienced Legal Advice To Communities Across Australia For Over 35 Years. Our Personal Injury Lawyers Have Taken On Ten’s Of Thousands Of Cases And We Are Proud To Have Won Billions Of Dollars For Our Clients.
Read Our Latest Articles, Case Studies Or Commonly Asked Questions Concerning Your Legal Claims And Compensation Law.
Our client was a passenger in a vehicle that was involved in a significant motor vehicle accident when the other driver attempted to make a right hand turn without giving way. Our client sustained a spinal fracture which required surgery, as well as abdominal injuries and psychological injuries.
The insurer also subsequently conceded that our client’s injuries exceed the 10% threshold required in order to claim damages for ‘pain and suffering’ in addition to damages for past and future loss of earnings and superannuation.
An informal settlement conference was arranged to attempt to resolve this claim. However, during this settlement conference we were met with resistance from the insurer who were not making offers within an acceptable range to sufficiently compensate our client, noting the extent of his injuries and the uncertainty surrounding his ability to engage in future employment. Following this, our client was required to undergo even further spinal surgery. During this time, we obtained even further evidence in support of our client’s claim. The insurer ultimately adjusted their position and we entered into negotiations again.
If you have been injured in a motor vehicle accident, you should always seek advice from a lawyer about your rights. Speak to one of our expert solicitors at Gerard Malouf & Partners Compensation Lawyers on 1800 004 878 for a free, no obligation consultation or complete our email enquiry form.
All drivers have a duty to other road users to take reasonable care. If it can be determined that anyone involved in the accident was not taking reasonable care, they can be found negligent and at fault. The top identifiers of negligence consist of:
If you are hit by another driver and they are found at fault, you can make a claim against them for damages. This can include any losses resulting from the accident, including damage to your vehicle.
However, if your actions also played a part in the accident, both drivers may be found at fault. This is called ‘contributory negligence’, and may be apportioned between you and the other driver in any percentage split. In such a case, you may be responsible for bearing part of the cost of the damages.
Compensation can provide vital financial support for people who have suffered serious injuries in a road traffic accident. But are there limitations on how much money someone can receive?
The answer to this question depends on several factors, including:
Let’s break down some scenarios and explore what compensation amounts could be available…
John’s Journey:Overcoming adversity to secure a $500k TPD Claim Jump to Result This image does not depict our actual client. John’s story In July 2017,
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In the spirit of reconciliation GMP Law acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea, and community. We pay our respects to their Elders past, present, and emerging, and extend that respect to all Aboriginal and Torres Strait Islander peoples today.
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