We acted for a Claimant who was involved in a motorcycle accident when he was struck by a vehicle from behind. The Claimant was thrown out of his motorcycle. The ambulance attended and was transported to a hospital complaining of head, neck and shoulder girdle pain, left shoulder and arm pain, lower back and right leg pain. He also sustained multiple cuts and abrasions.
We lodged an Application for Personal Injury Benefits to claim for his ongoing income loss and medical expenses which were automatically covered for the first 26 weeks. There is no doubt that his injuries were non-minor and he was not mostly at fault; these were the requirements for the Claimant’s entitlement 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 unable to work since the subject accident. However, the Claimant did make a substantial recovery. Based on the available evidence, the Claimant was unlikely to reach the threshold of non-economic loss. As both the insurer and the Claimant agreed not to claim for non-economic loss, we were able to arrange for an informal settlement conference via teleconference.
The Claimant was someone who as a result of his physical injuries, could return to work but would continuously suffer from ongoing pain and an overall reduced competitiveness in the open labour market.
The Claimant had no knowledge of the law or process of motor vehicle accident claims. He honestly would have felt content if he received $200,000.00. However, he gave his full trust to our firm that we will achieve the very best result for him.
The negotiations during the settlement conference lasted the most part of the day and we were pleased to inform the Claimant he will be able to receive almost $400,000.00 for this Common Law Damages Claim. The Claimant was very excited and appreciated our efforts, transparency and efficient work to achieve the most optimal result.
The work did not end there, our firm chased the insurer to have the settlement funds processed within 2 weeks rather than the usual 4-6 weeks.
The Claimant continues to require ongoing treatment, which continues to be paid for by the insurer following his Common Law Damages Claim, through the statutory benefits scheme.
Alliance Compensation & Litigation Lawyers strives to seek compensation in the most optimal way.
Should you have any personal injury claims, call us now on (02) 8764 1776 to speak to one of our experienced lawyers.
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