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
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 injured following a single vehicle motor accident, when the tanker he was driving, transporting liquid slurry tipped and ruptured, spewing out slurry into the cabin of the vehicle where our client was sitting. As a result of the accident our client sustained significant physical injuries to both legs, two fractures in his back and subsequent psychological injury.
The tanker our client was driving was a converted grain tanker and was not designed to carry liquids. The tanker had no baffles to reduce the forward surging of liquid slurry and was unfit to carry liquids. All of this was not known to our client who had assumed the vehicle provided had been fit and safe for him to drive.
Our client’s only course for compensation was to bring an action against the owner of the tanker for supplying a vehicle unsafe for the purpose of carrying liquid, The Public Liability experts at Gerard Malouf and Partners prepared a claim against the owner of the tanker and commenced proceedings in court. There were concerns regarding the insurance of the tanker due to the modifications made to the vehicle making this unsafe, but through the use of Subpoenas and documents produced by the insurer this issue was overcome.
If you have been injured in a single vehicle accident due to an unsafe vehicle contact the team at Gerard Malouf and Partners on 1800 454 235 for a no obligation, free consultation to assess your legal rights and provide you with free advice.
Public liability refers to the responsibilities owners or occupants of a public space have to protect anyone who enters. If the owners or occupants fall short of these responsibilities, resulting in an injury, a case for compensation can be made.
Some of the most common incidents covered by public liability law include:
Following an initial meeting, the first task will be to establish the general facts of the case. This will include your medical diagnosis, which will need to be confirmed and documented by a doctor; and proof that the person or company at fault owed you a duty of care, which will need to be demonstrated. Together, this will show that your injury occurred when they breached that duty of care.
From there a further investigation will proceed—contacting and interviewing witnesses, speaking with expert consultants, and more—all in order to bolster the strength of your case even further. Only once this process is complete, and your claim can be demonstrated and proven in full, will the process move on to the next step.
Public liability claims enable you to recoup the financial and emotional costs of suffering an injury due to someone else’s negligence. Defendants regularly offer monetary settlements to claimants, particularly if they acknowledge liability and believe they would lose in court.
But should you accept the settlement or proceed to the later stages of litigation instead, where a judge will have the final decision? Every case is different, but here are some of the factors you may wish to consider before making your choice:
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
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