At the time of the accident, our client was a fit and healthy 57-year-old. He enjoyed doing all the physically demanding jobs around their home. He liked coaching soccer, and his passion was dog showing which required a lot of training, running, some bike riding, and swimming. He owned his own company working in furniture removals.
On the day of the car accident, our client was being driven home by a family member after dropping his vehicle off for minor repairs. He was in the front passenger seat and as they were attempting to turn right, they were hit by a van in the middle of the intersection. The van hit the front wheel arch and front passenger side of their vehicle. Our client’s knees hit the front console and he also hit his head. When the car came to a rest, he noticed he was in extreme pain. He was holding his right knee and could not get out of the vehicle.
Our client was taken to hospital by ambulance and initial examinations did not show any broken bones though it was obvious he was in a lot of pain and had been injured. He was released with a knee brace and crutches and some pain medication stating he should see his General Practitioner as soon as possible to do further examinations.
The pain did not subside, he had further tests done which showed he had sustained an ACL rupture and a tibial impaction fracture injury due to the force of the accident.
When physiotherapy and rest did not resolve the issue, he was referred to an orthopaedic surgeon. He was then informed he would have to have a bone graft on the tibia and a full knee replacement.
Even following the knee replacement our client suffered from significant pain and developed deep vein thrombosis which caused ongoing pain and swelling in his knee. After recovering from the surgery, he continued to experience severe pain and physical restrictions and developed a psychological injury because of his physical injuries. He has not been able to return to work and eventually sold his business resulting in an ongoing economic loss.
Our client sought the assistance of LawAdvice Compensation Lawyers with respect to his CTP claim.
Expert opinion reports were obtained by our firm in order to gather the evidence required to maximise our client’s compensation. Reports from an Occupational Physician, Orthopaedic Surgeon, Rheumatologist, Psychiatrist and Vocational investigator were used to determine the extent of our client’s whole person impairment and incapacity. Our independent medical examinations indicated that our client suffered from 25% whole person impairment according to the AMA IVth Edition Guidelines.
Our client’s treating medical evidence and income loss documents were obtained in support of his accident claim. We also sought advice from a Barrister specialising in motor accident claims to prepare the matter for hearing at the Personal Injury Commission.
The insurer’s medical experts determined that our client suffered from 23% whole person impairment. As such, an Informal Settlement Conference was organised with the insurer where we provided all relevant reports and income loss documents obtained. We engaged in settlement negotiations and came to a sum that was eventually accepted by all parties.
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 car accident 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.