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 middle-aged North-West Sydney man who was a quadriplegic due to a previous motorbike accident. We represented him in relation to a motor vehicle accident which occurred a few years later, in which he sustained significant personal injuries including a spinal fracture. In any other person such an injury would have caused paraplegia.
Our client had worked really hard after his first accident to get his life back on track. He had returned to work full-time and was able to be relatively self-sufficient in regard to his daily living.
We sought to make a claim for our client’s pain and suffering, which he is only entitled to if his injuries exceed 10% whole person impairment. The insurer sought to make arguments that because our client had such significant pre-existing impairment, that the second accident did not have a substantial impact on our client’s condition. We rejected these arguments and were ultimately successful in making a claim for our client’s pain and suffering.
We also made a claim for our client’s loss of income, both past and future. He had taken a significant amount of time out of work to rehabilitate from his injuries, which was compensated at full value for all days out of work. His claim for future potential loss of earnings was made based on expert medical-legal reports which we obtained. These indicated that our client would be required to retire much earlier than intended as a result of degeneration of his condition.
Our client was a genuine claimant who worked hard to recover and improve his condition, which the insurer was sympathetic towards.
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
Case Overview Our client presented to a vascular surgeon, seeking treatment of her varicose veins in her right leg. Following the surgeon’s recommendation, our client
Case Overview A woman from Green Valley was a passenger in a car when the driver lost control of the vehicle, leading to a collision
Case Overview At the time of her injury, our client was working as a cleaner at a private residence in Kurrajong. During the course of
Case Overview We acted for a client from Western Sydney who was involved in a serious motor vehicle accident. The other driver collided into our
Case Overview We acted for a client from Coffs Harbour who was involved in a serious motor vehicle accident. The driver failed to give way
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