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.
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.
