This matter involved a woman driver in the Blue Mountains who was waiting to turn right into a driveway when she was hit from behind by another vehicle.
As a result of the accident our client sustained multiple injuries, both physical and psychological.
At the time of the accident, our client was employed however as a result of her injuries could not return to previous role.
A claim was lodged with the CTP insurer of the driver at fault who admitted liability.
With the admission of liability, the claim was able to be dealt with more informally through the Claims Assessment Resolution Service (CARS) as opposed to being heard in Court and argued before a Judge.
We acted in accordance with our ‘’No Win No Fee’’ policy and requested reports and clinical notes from our client’s treating doctors. We also arranged independent assessments of our client by a medicolegal specialist doctor to assess her whole person impairment at no up-front cost to her. We also referred our client for an assessment through the Medical Assessment Service (MAS. Her injuries were assessed as having a whole person impairment of greater than 10%.
This meant that we were able to make an additional claim for pain and suffering damages, also known as damages for non-economic loss. However, the battle was not yet won. The insurer attempted to overturn this assessment and we fought to keep her assessment above 10%. Our client was reassessed by a Review panel of doctors who reaffirmed on all the evidence, that her impairment was still over 10%.
Once we had obtained all the necessary documentation including all details in relation to her employment as well as all relevant medical evidence, we were able to review the file and prepared detailed submissions for the purposes of conveying an opening offer and thereafter participate in a settlement conference.
The added benefit to our client was that we were able to keep our costs down without the need to incur the extra costs in going to a court hearing.
We were able to secure a settlement of her claim for $435,000.
If you have been injured in a motor vehicle accident, whether or not it was your fault, 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.
