At the time of her accident, our client was happily retired. She was very active and enjoyed walking, playing lawn bowls and Tai Chi. On the day of the accident, she was travelling with her husband in their car and towing a caravan.
One day they parked on the side of a public street to look at a nearby tourist attraction which were a couple of hundred metres in the distance. Our client alighted from her car and walked along the grass verge towards the site. In doing so, she tripped over a strand of wire, which was obscured by untended grass and sustained injuries to her knees and back. Knowing she could rest in the car while travelling, they continued their journey even though she struggled with pain.
The local council was notified, and they investigated the site of the incident and noted the loose wiring belonged to a private property adjacent to the public verge. Council notified the owners to remove the wire. In this instance, an injured person can investigate what is termed a public liability claim. Such claims fall within the Civil Liability Act.
Our client suffered from continued knee pain after the accident for many weeks. Her right knee continued to show signs of bruising and swelling. Because of this she went to her doctor’s clinic for tests. Initial x-rays did not show any broken bones. With continued pain her doctor recommended her seeing a physiotherapist for the pain she had in her knee and back.
A couple of months later, after suffering from intense jolt of pain in her knee, she went to the hospital’s emergency department. Initial diagnosis from the MRI scans showed our client had a torn meniscus in her right knee. A left and right knee arthroscopy were performed which showed she had tears in her left and right knee.
Many weeks afterwards, she was still in pain and began wearing a knee brace with hinges. A few months later, while still experiencing pain in her right knee and back, she was referred to an orthopaedic surgeon and was informed she would require a right knee replacement.
Following the knee replacement, the pain in her spine continued and a neurosurgeon reviewed, recommended, and performed cortisone injections to relieve the pain.
Following knee replacement surgery, our client contacted our expert personal injury lawyers to discuss the possibility of a public liability claim. Public liability claims are fault-based, which means that for a claim to be successful, fault on the part of some other party needs to be proven. A matter such as this is usually termed a trip and fall claim.
We reviewed the information provided to us by the client. Even though the client suffered from injuries sustained on the public nature strip, it was determined she may have a claim for compensation against the owner of the property as they were the ones who ultimately had the responsibility to ensure the area was maintained and obstacle free.
Expert opinion reports on liability, investigator’s statements and medical evidence were obtained on our client’s behalf.
Calculations of non-economic loss, past treatment expenses and future treatment expenses were considered in the claim and our initial assessment for damages was calculated.
Negotiations were entered into with the defendant’s solicitors and our opening offer was put forward. Multiple counteroffers with the defendant’s solicitors were required before the matter eventually resolved.
The information is current as at the date of publication of this article. The above article is of a general nature only and does not constitute legal advice. Law Advice Compensation Lawyers are experts in public liability claims. For a free, no obligation assessment of your injury claim call us on 1800 122 555 or complete our Free Claim Advice Form and get the compensation you deserve.