Marshall & Gibson successfully negotiated a resolution of a motor vehicle accident claim for $195,000

Published by Marshall & Gibson Lawyers on the 28 May 2018

Our 37 year old client was involved in Motor Vehicle Accident when she was riding a motorcycle in the Sydney CBD when a car travelling alongside her suddenly changed lanes, knocking her off her motorcycle and causing her to sustain serious abrasion wounds to the side of her body.

Our client underwent several surgeries including skin graft surgery and over one week in hospital following the accident, followed by numerous post-operative treatments.

As a result of the accident, our client was off work for one month followed by a period of light duties, following which she resumed full duties.

In addition to her physical injuries which involved being scarred down the side of her body, our client suffered from emotional trauma.

The CTP insurer accepted liability for the accident and therefore the only issue to determine was the value of the claim.

After her final surgery and once her condition had stabilised, we arranged for our client to be assessed by our medico-legal doctors to evaluate the nature and extent of her physical and psychological injuries.

As the CTP insurer did not concede that she had a greater than 10% whole person impairment, we then arranged for an application to be filed with the Motor Accidents Authority for our client to be assessed by one of the Motor Accidents Authority doctors who specialised in plastic surgery. Fortunately, the Motor Accidents doctor agreed that our client’s injuries exceeded the threshold requirements of greater than 10% whole person impairment.

Consequently, we were able to claim for non-economic loss for both our client’s physical and psychological injuries, as well as compensation for past and future time off work, past and future medical expenses, and past and future domestic assistance.

The parties arranged a settlement conference and we were able to successfully negotiate a resolution of her claim for $195,000.

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