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.
We acted for a client from Bankstown who was involved in a serious motor vehicle accident. The other driver was travelling in the opposite direction of our client but failed to give way when making a right turn, resulting in a T-bone collision. Our client sustained injuries to her head, neck, back and chest.
Under the current Motor Accident Law, if you sustained more than a “minor injury” (e.g fractures, tears, nerve damage), and are not mostly at fault, the CTP insurer is required to accept your claim, and are liable to pay statutory benefits beyond the initial 6 months, that is, weekly wage payments for any time off work, as well as your reasonable and necessary medical and treatment expenses.
Initially, the insurer determined that our client sustained minor injuries. However, after disputing this decision, the insurer conceded that her injuries were non minor. This entitled her to statutory benefits including reasonable and necessary medical and treatment expenses.
Our client’s injuries were so significant that after providing indisputable evidence to the insurer, they eventually conceded that her injuries exceeded the 10% whole person impairment threshold. This entitled her to bring a claim for common law damages which is a lump sum claim for not only past and future loss of income, past and future loss of superannuation entitlements, and a claim for the tax paid on the weekly wage benefits received from the insurer, but also additional compensation for ‘pain and suffering’.
Furthermore, the insurer conceded that our client was not at fault and did not contribute to the cause of the accident. As such, there was nothing impeding her claim for lump-sum compensation. We invited the insurer to participate in an informal settlement conference to negotiate settlement of the claim.
If you have been injured in a motor vehicle accident, you should always seek advice from a lawyer about your rights. Our team ensures that your claims have been investigated correctly to ensure you receive justice in the form of compensation. If you have been injured in a motor vehicle accident, contact the team at Gerard Malouf & Partners on 1800 004 878 to speak to one of our expert solicitors.
Pedestrians can sustain injuries in a number of ways, including hit and run incidents or being struck whilst crossing the road. If you’ve been injured in a motor vehicle accident, you’ll be glad to know that victims have the opportunity to receive compensation as part of the motor accidents compensation scheme.
Each motor vehicle accident claim requires a police report, accident notification form and personal injury claim form. The claim form is central to your claim and we recommend speaking with a lawyer to ensure the best chance of success. Once you lodge your claim, an Independent Medical Assessor reviews your claims.
Immediately following a car crash, call the police if you suspect the other driver is under to influence, and call for paramedics if you suspect you have an injury.
Following this, calling your insurer is advised, as well as taking details from other parties and witnesses. Note down any details including time, data and take photos of the scene.
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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