07 November 2022

Our client was an avid surfer and enjoyed an active lifestyle where he enjoyed running and general exercise.  He enjoyed doing chores and keeping his home clean, describing himself as a perfectionist.  His work varied but was mostly in building maintenance, which was a physical job cleaning gutters, windows, mowing lawns and small repairs.

At the time of the car accident, he was the passenger in a vehicle where the driver had fallen asleep and crashed into oncoming traffic.  As a result of the accident, he suffered a head injury, fractured left wrist, fractured right leg, several fractures to left leg and a fractured neck.  He awoke a week later in hospital, where his stay was quite lengthy, and recovery was protracted.

The injuries to his wrist and legs continued to cause problems and he is no longer able to enjoy any of his previous outdoor activities such as running or surfing.  Our client has not been able to return to any type of physical work due to his inability to stand or strain himself and has resorted to taking on short driving jobs.  Even jobs around his home are difficult to manager and requires the domestic assistance of friends or hired help.

Our client contacted us by telephone to discuss his injuries and sought the assistance of LawAdvice Compensation Lawyers with lodging his CTP Application for Personal Injury Benefits claim with the insurer.

Many expert opinion reports were obtained by our firm.  Reports such as from an Orthopaedic Surgeon, Hand & Plastic & Reconstructive Surgeon, Occupational Physician, General Surgeon, Psychiatrist, Occupational Therapist and Vocational investigator were used to determine the extent of our client’s whole person impairment and incapacity. 

Our client’s treating medical evidence and income loss documents were also obtained by our firm in support his claim.  We also sought advice from a Barrister specialising in motor accident claims to prepare the matter for hearing at the Personal Injury Commission.

A Medical Assessment Certificate from the Personal Injury Commission was requested to determine the degree of permanent impairment of our client.   The Medical Assessment Certificate was granted confirming our client’s permanent impairment was greater than 10% and that he suffered from 23% whole person impairment.

As such, an Informal Settlement Conference was organised with the CTP insurer where we provided all relevant reports and income loss documents obtained.  We engaged in settlement negotiations, and we came to a sum that was eventually accepted by all parties.   The agreed settlement was almost $700,000.00 and our client was very thankful for the advice and the outcome.

 

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