27/10/2023

We managed to settle a client’s Common Law Claim for $470,000 after overturning the original Medical Assessor’s assessment on minor injury

We managed to settle a client’s Common Law Claim for $470,000 after overturning the original Medical Assessor’s assessment on minor injury

Further to our previous article published in August 2022, we are pleased to announce that we have settled our client’s Common Law claim for $470,000.

As a reminder, our client Ms S was injured in a motor vehicle accident in June 2020.  Her injuries were assessed minor at first instance by a Medical Assessor at the Personal Injury Commission.  A Review Panel reassessed her as suffering from non-minor injuries. The Review Panel assessed Ms S’s right shoulder rotator cuff tear as a non-minor injury.

The CTP insurer also determined Ms S as 20% contributorily negligent.  We had lodged an application at the Personal Injury Commission which reduced our client’s contributory negligence to 10%.  However, the CTP insurer reverted to the previous 20% for the Common Law claim.

We conducted an informal settlement conference with the CTP insurer.  During negotiations the insurer refused to increase their offer above $425,000.  

contact our CTP lawyers for a free consultation

Our client only recently has surgery to her right shoulder and it is anticipated that she will not be able to return to work.  Ms S has not been able to return to work as a process worker since the date of accident.  Due to limited English speaking skills and qualifications, she will be at a disadvantage in the open labour market.

Furthermore, Ms S’s entitlement to non-economic loss has not been conceded by the insurer.

We continued to fight hard for our client and eventually settled her common law claim for $470,000.00

If you are intending to make a CTP claim or are currently facing difficulties with an insurer please do not hesitate to contact our CTP lawyers for a free consultation.

Get in touch to find out more HERE … or call 02 8764 1776
We can help.
No win, no fee.
We can help.
No win, no fee.

Related post

Leave a Reply

Your email address will not be published. Required fields are marked *