We acted for a Claimant who was involved in a motor vehicle accident when the vehicle at fault had failed to give way and turned right across the road in front of the Claimant’s vehicle causing a major collision. He sustained multiple injuries including strain to neck, lower back and left shoulder requiring surgery.
The first step was to lodge an Application for Personal Injury Benefits, also called Statutory Benefits, to claim for his ongoing loss of income and medical expenses which were automatically covered for the first 26 weeks. The insurer determined that Claimant’s injuries were non-minor and he was not mostly fault which entitles him to lodge a Common Law Damages claim.
The purpose of the Common Law Damages Claim is to claim for a lump sum compensation for economic loss (past and future loss of income) and non-economic loss (pain and suffering).
The Claimant was someone who loved his job as a factory worker the moment he first started. He would also take overtime shifts as it is his way of feeling fulfilled in his life. The motor vehicle accident however, turned his life around and he was not able to do any physical work since. This was devastating for him.
The insurer was very sympathetic towards the Claimant’s situation and agreed to organise an Informal Settlement Conference. The purpose of the conference was to resolve a settlement amount to save legal costs in the future.
Our legal team argued that all of the Claimant’s working life involved physical labour. He had no other education or skills to indicate that he could work in a sedentary job instead. We also stated that he had not worked since the subject motor vehicle accident which strongly suggests that he is totally incapacitated in the open labour market. Therefore, we claimed for 100% loss of earning capacity.
The insurer argued that the Claimant was certified for 6 hours per week by his treating doctor and was hopeful with continuing rehabilitation programs, he could recover or repurpose his current limitations to another job. However, we argued in practical terms, there would be no businesses interested in hiring someone who could only work for 6 hours per week.
The negotiations spanned over two days and we were pleased to settle the Claimant’s claim for $840,000 all-inclusive. This is a fantastic result and we hope this helps in any way to have the Claimant’s life back on track.
The Claimant also has the benefit of continuing medical treatment from his Statutory Benefits claim. This will be ongoing for as long as he needs it.
Alliance Compensation & Litigation Lawyers success comes from experienced lawyers and negotiation strategies to maximise your compensation claim. Should you have any personal injury claims, call us now for a free consultation on (02) 8764 1776.
We acted for a Claimant who was involved in a motor vehicle accident when the vehicle at fault had failed to give way and turned right across the road in front of the Claimant’s vehicle causing a major collision. He sustained multiple injuries including strain to neck, lower back and left shoulder requiring surgery.
The first step was to lodge an Application for Personal Injury Benefits, also called Statutory Benefits, to claim for his ongoing loss of income and medical expenses which were automatically covered for the first 26 weeks. The insurer determined that Claimant’s injuries were non-minor and he was not mostly fault which entitles him to lodge a Common Law Damages claim.
The purpose of the Common Law Damages Claim is to claim for a lump sum compensation for economic loss (past and future loss of income) and non-economic loss (pain and suffering).
The Claimant was someone who loved his job as a factory worker the moment he first started. He would also take overtime shifts as it is his way of feeling fulfilled in his life. The motor vehicle accident however, turned his life around and he was not able to do any physical work since. This was devastating for him.
The insurer was very sympathetic towards the Claimant’s situation and agreed to organise an Informal Settlement Conference. The purpose of the conference was to resolve a settlement amount to save legal costs in the future.
Our legal team argued that all of the Claimant’s working life involved physical labour. He had no other education or skills to indicate that he could work in a sedentary job instead. We also stated that he had not worked since the subject motor vehicle accident which strongly suggests that he is totally incapacitated in the open labour market. Therefore, we claimed for 100% loss of earning capacity.
The insurer argued that the Claimant was certified for 6 hours per week by his treating doctor and was hopeful with continuing rehabilitation programs, he could recover or repurpose his current limitations to another job. However, we argued in practical terms, there would be no businesses interested in hiring someone who could only work for 6 hours per week.
The negotiations spanned over two days and we were pleased to settle the Claimant’s claim for $840,000 all-inclusive. This is a fantastic result and we hope this helps in any way to have the Claimant’s life back on track.
The Claimant also has the benefit of continuing medical treatment from his Statutory Benefits claim. This will be ongoing for as long as he needs it.
Alliance Compensation & Litigation Lawyers success comes from experienced lawyers and negotiation strategies to maximise your compensation claim. Should you have any personal injury claims, call us now for a free consultation on (02) 8764 1776.
