Case Studies

Motor Vehicle Incident CASES

Complex Liability cases

Trudy

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Trudy was a passenger in a car driven by her husband and was involved in a head on motor vehicle collision. Sadly her husband died as a result of the accident.

The CTP insurer nenied liability as her husband was alleged to be at fault in the accident. The driver of the other vehicle was also alleged to be at fault in the accident having crossed over onto the wrong side of theroad into the path of Trudy's car.

Through careful negotiations with the CTP insurer we managed to successfully claim compensation for Trudy's injuries, loss of earning capacity and for the domestic assistance her husband provided in help around the home.

The claim was settled out of court for a substantial sum for both a personal injury claim and compensation to relatives claim

Sarah

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Sarah was 21 when she suffered serious neck injuries and a traumatic brain incident in a one vehicle roll-over incident.

The major issue was whether she was a passenger or a driver. There were no witnesses to the incident, and because of her brain injuries Sarah couldn’t remember where she had been seated in the car. Her boyfriend was with her in the car and initially said he was driving but later changed his story. It was vital that we prove that Sarah had been a passenger rather than the driver because if she had been driving she would not have been entitled to any compensation.

We were able to prove, through forensic investigation, that Sarah was in fact a passenger. Her claim was very successfully settled.

Paul

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Our client alleged that he was forced off the road by an unidentified motor vehicle and suffered back and brain injuries. He brought a claim against the Nominal Defendant (which is the body that a claim is brought against in cases involved unidentified or unregistered vehicles). There were no witnesses to the incident who could verify that there had been another vehicle involved, and the insurer denied liability for the claim. After protracted litigation the matter was successfully settled.

Isabelle

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Isabelle sustained catastrophic injuries when she was just 19 years old. She was a passenger, not wearing a seat belt, in car driven by intoxicated driver, left the roadway and struck a tree.

Isabelle sustained very severe brain damage, leaving her in a wheelchair, and totally and permanently disabled and dependent. The insurer alleged that she contributed to the incident by not wearing a seat belt and by travelling in a car with an intoxicated driver. The case was litigated and finally settled, with Court approval, for many millions of dollars.

George

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George was a 21 year old passenger in a motor vehicle driven by a friend who had taken Ecstasy and who fell asleep at the wheel. George client suffered serious brain and other personal injuries. We obtained expert pharmacological evidence which indicated that the driver was probably not still being affected by the ecstasy at the time the incident happened, and therefore we were able to argue that George should not be penalised for having driven with him. The case was settled for over a million dollars.

Justin

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Justin, 5, years suffered catastrophic brain incident when the car in which he was travelling as a passenger and which was being driven by his father, left the roadway and collided with a barbecue and then a tree.

Justin's injuries were appalling and have resulted in him requiring lifelong care, home modifications, transport modifications and an array of aids and equipment.

Justin’s claim was brought against the Third Party insurer of his father's car. The insurer denied liability on the basis that the driver was not at fault because he had had an unexpected epileptic fit, which could not have been foreseen.

It was alleged, on Justin's behalf, that the incident occurred because his father was tired and fell asleep.

Both parties obtained forensic evidence to try and support their positions. It became clear that on the balance of probabilities the driver had indeed fallen asleep and that he had not suffered an epileptic fit. The claim was settled out of Court.

Karen

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Karen, a 35 year old manager of a hardware store in Sydney, suffered catastrophic brain incident with serious hemiparesis, when the car in which she was travelling as a passenger, which was being driven by her husband, collided with a cow which had strayed onto the road.

As the owner of the cow was unknown, we brought Karen’s claim against the Third Party insurer of her husband's car. Liability was admitted by the insurer on the basis that Karen's husband had been driving too fast in the circumstances and had failed to keep a proper lookout.

Christopher

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We acted for a 22 year old man who was injured when travelling as the front seat passenger in a vehicle driven by a friend. The incident happened at about 3:00am. Our client, the driver and 2 other friends were on a night out and all had consumed large amounts of alcohol. The incident happened on their journey home.

The driver lost control of the vehicle, which veered off the road and slammed into a tree. He was killed in the incident. Our client suffered several injuries including a ruptured aorta, fractures to his back and other parts of his body as well as injuries to a lung and kidney.

The insurance company denied fault for the incident on the basis that the driver of the vehicle was affected by alcohol and that our client should have been aware of this, as he had been drinking with the driver all evening and thus should not have travelled with the driver. The 2 other friends had refused to travel with the driver and had tried to persuade our client not to go in the car with the driver due to his level of intoxication, which was powerful evidence in the insurer’s favour.

Despite the insurance company’s denial of liability and the difficulties in our client’s case, a good out of court settlement was reached.

Michael

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Michael and his friend were drinking together from 10am all day until early evening. The plaintiff had a blood alcohol level of blood of 0.091 and his friend had a blood alcohol level of 0.239. The owner of the local pub provided his car to his friend to drive home. Our client was a front seat passenger in a vehicle when the his friend lost control of the vehicle causing it to leave the roadway and after hitting a steel guardrail the vehicle became airborne, spinning in the air before coming to a stop. As a result the friend that was driving was killed. Our client sustained severe injures to the head, resulting in traumatic brain incident. Allegations of contributory negligence were raised on the grounds that both the driver and the passenger were intoxicated. This case was settled out of court on very favourable terms.

Karen

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We acted for Karen, a 59 year old female who involved in a motor vehicle incident. She suffered injury to her neck and right shoulder. Liability was accepted by the CTP insurer. Karen was assessed by the Motor Incidents Authority’s Medical Assessment Service. Her neck injury resolved however she was left with some impairment of the right shoulder. Unfortunately, the impairment to her right shoulder did not exceed the necessary threshold, and therefore she was not entitled to compensation for pain and suffering. Karen was still entitled to claim for economic loss, domestic assistance and medical treatment. Parties participated in an informal settlement conference and her claim was successfully settled for over $230,000.00.

Jeremy

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We acted for Jeremy, a man in his early twenties who hit by a vehicle when crossing at traffic lights. The insurer denied liability and in the alternative alleged that Jeremy had contributed to the cause of the incident. There were issues as to Jeremy’s contribution to the incident because he stopped in the middle of the crossing to speak to a friend who was in a vehicle waiting at the lights. Proceedings were commenced in the District Court but after negotiations between the parties the matter was able to be settled out of Court for a very good result.

Elliott

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Elliott was severely injured in a motor accident when he was 26 years old.

Elliott was a passenger in a car driven by a friend. The driver drove the car onto the wrong side of the road colliding with a large tree.

The insurer originally denied their insured driver was at fault for the accident. After further investigation, the insurer admitted liability for the accident.

As a consequence of the accident, Elliott sustained both psychological and physical injuries. His physical injuries were extensive and included a traumatic brain injury, soft tissue injury to the lumbar spine, bilateral traumatic optic neuropathy, right posterior patellar chrondal damage, as well as fractures to the nose, sternum, and right femoral neck.

Elliott’s claim was complicated by reason of a pre-existing back injury that he had sustained at work several years prior to the motor accident. Evidence indicated that at the time of the motor accident his back injury still affected his ability to work and perform basic daily activities.

To determine Elliott’s entitlement to compensation, we bore the onus of proving the effect his injuries from the motor accident had on his daily activities and ability to work. We had to take into account the fact that Elliott’s ability to perform these activities was already restricted due to his previous back injury.

We obtained expert medical evidence, as well as lay evidence, that proved Elliott’s injuries from the motor accident had not only resulted in a diminution of his earning capacity, but had also resulted in a need for lifelong treatment and care.

By obtaining extensive evidence, we maximised the outcome for Elliott and negotiated a very favourable settlement with the insurer that took into account his pain and suffering, economic loss, as well as his need for treatment and care.

Trent

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Trent was a 20-year-old apprentice carpenter who was hit by a car travelling at speed, as he crossed a pedestrian crossing. Fortunately Trent sustained moderate injuries, including a fractured dislocation of the metacarpophalangeal joint in his right hand.

However, being an apprentice carpenter, this injury significantly impacted on his ability to continue his training and become a qualified carpenter. Trent was forced to give up his dream of being a carpenter and re-train in a difference profession. In this case we managed to successfully argue against the CTP insurer that Trent ought to be significantly compensated for his loss of opportunity to pursue his chosen career.

The claim was settled out of Court for just substantial sum.

Ben

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Ben, a University scientist aged 60 years, was travelling along the Federal Highway, towards Goulburn, when a car, which dangerously attempted to overtake him, lost control and slammed into his car.

The impact forced Ben’s car off the road, where it rolled 5 times before coming to a stop. Ben and his fellow passengers were lucky to have escaped with their lives.

The driver was charged with dangerous driving causing grievous bodily harm.

In addition to severe physical injuries, including damage to his thoracic spine and multiple lacerations, Ben sustained psychological injuries as a result of the accident.

The CTP insurer initially disagreed that Ben’s injuries entitled him to damages for his pain and suffering. However, after extensive preparation of an application to the Medical Assessment Services, the insurer was prepared to concede that his injuries were over 10% Whole Person Impairment, which therefore entitled him to damages for non economic loss

A fantastic settlement was reach out of court.

Anna

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Anna was an elite water polo player destined to represent Australia in the Olympics. Unfortunately her dreams evaporated in April 2008 when her car collided with a bus at an intersection within the Olympic Stadium precinct.

She suffered serious orthopaedic injuries and significant psychological problems.

The insurance company for the bus, whilst admitting the bus driver was at fault, accused Anna of 75% contributory negligence because she was speeding and went through an amber light.

Anna has no memory of the accident but an independent witness confirmed that she was driving over the speed limit and accelerated through the intersection after the lights turned amber. This case was settled at an informal settlement conference on the basis that Anna’s contributory negligence was 45% and for a very considerable sum.

Joseph

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Joseph was a 40 year old motor bike rider, travelling 100km per hour when a vehicle parked on the side of the road decided to do a u-turn in front of him, causing a collision. Joseph suffered serious injuries. The Defendant denied liability and in the alternative alleged contributory negligence. The matter proceeded to hearing in the District Court for 6 days where our client was successful with total liability with no contributory negligence. Joseph was paid a very substantial amount by way of compensation.

Robyn

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Robyn was a 33 year old scooter rider stuck by a vehicle causing serious injury to Robyn’s right ankle and knee. Liability was accepted by the defendant. Expert medical evidence was obtained as to the ongoing affect of the injury. It was conceded that the client would not exceed the threshold of 10% to receive compensation for pain and suffering, therefore reducing the amount of damages she was entitled to receive. The parties participated in an informal settlement conference. The matter was successfully settled with the client receiving substantial damages.

Mei

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Mei is 54 year old passenger involved in a motor vehicle accident while visiting from China. She suffered a fracture to her lumbar spine and an injury to her cervical spine and hips. Liability was accepted by the defendant. Mei returned home to China and matter continued whilst corresponding with her in China. Successful settlement negotiations where conducted with the client receiving a large sum for damages.

Irene

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Irene was 52 year old female driver involved in two separate motor vehicle accidents in the same year. The second accident aggravated the injuries from the first accident. Two different defendants were involved.

The claim against the first defendant was complicated because the client did not lodge personal injury claim form in the required six month period and the insurer did not accept her claim. The insurer for the second accident accepted the client’s claim.

The client had been assessed by MAS and her injuries did not exceed the threshold of 10% to receive compensation for pain and suffering, therefore reducing the amount of damages she was entitled to receive.

Settlement negotiations were conducted with both defendants reaching a successful, combined settlement .

Kathryn

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Kathryn was a 34 year old female driver, involved in a motor vehicle accident where her car was T-boned. Liability was accepted. The client underwent treatment and most of her symptoms were resolved with time. Expert medical evidence was obtained as to ongoing affect of injury. It was conceded that the client would not exceed the threshold of 10% to receive compensation for pain and suffering, therefore reducing the amount of damages she was entitled to receive. The client’s claim was limited to future medical treatment such as physiotherapy and a small buffer for future economic loss. Successful settlement negotiations where conducted with the defendant and the client received adequate damages to cover future medical expenses and the like.

Samuel

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Samuel is a 30 year old sailor in the Australian Navy. He was riding his motor cycle to work in Sydney when a car suddenly turned across his path. Samuel crashed into the side of the car and was thrown to the ground, suffering serious injuries, which led to his left leg being surgically amputated below the knee.

After a lengthy period of rehabilitation including the fitting of a prosthesis, he returned to work with the Navy. Fortunately his employment with the navy is secure.

The insurance company admitted liability. Samuel's claim was settled for a very substantial sum.

Jonathan

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Jonathan was a 60 year old invalid pensioner who suffered a leg amputation in an unusual road accident. He had gone to a hardware store and loaded his trailer with planks of wood. As he drove home, in the dark, a piece of timber, which obviously hadn't been properly secured, fell out of the trailer and onto the road. Jonathan pulled over to the left hand side of the 3 lane main road, next to the median strip, switched on the trailer's hazard lights and retrieved the timber from the road. As he was resecuring the load a following car ran into the back of the trailer which speared into Jonathan, causing severe leg injuries which resulted in his injured leg being amputated in hospital.

The insurance company denied liability saying the accident was our client's fault as he had put himself in a position of peril.

The case went to mediation where it was eventually settled for a large sum on a compromise basis.

MS

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When MS was five years old she and her family came to Australia on holidays.

Tragically they were involved a road accident in June 2002 in which her father was killed and she suffered serious brain injury.

She and the surviving members of her family were repatriated to Germany where she has lived ever since.

I visited MS and her mother in Germany in 2003, 2006 and 2010, during which time I monitored her progress and also interviewed her doctors, rehabilitation advisers and school teachers.

In January 2011, in accordance with the Supreme Court oorder, I travelled to Germany for a mediation of MS’s claim with representatives of the insurance company.

After a protracted mediation MS’s claim was settled for a substantial amount plus costs.

This settlement will ensure that all of MS’s clar, rehabilitation and medical needs will be taken care of for the rest of her life, that she will receive as good an education as possible and will also enjoy a quality of life which will be reasonable in all the circumstances.

Tom Goudkamp

brain incident cases

Jessica

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Jessica was an up and coming wedding planner in one of NSW’s most popular wedding destination towns when she involved in a head-on collision at the age of 30. She suffered a severed carotid artery leading to significant blood loss and hypoxic brain incident, in turn resulting in significant physical and cognitive deficits.

We were able to prove that had she not been injured Jessica would have been a successful and highly paid wedding planner. She made a remarkable recovery, but was never able to return to the sort of demanding work that she did prior to the incident. The claim settled, with Court approval, for several million dollars.

David

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When David was 8 years old he suffered a significant brain incident in a road incident. Before the incident he was a "gifted" student. He made an excellent recovery from his brain incident but after the incident he struggled and although he achieved outstanding marks in the Higher School Certificate and was able to pass his university exams he was only able to do so by sacrificing all other activities and accepting lower than expected results.

It was necessary to wait until David had finished school and was half way through an Accounting degree before we could finish his claim, as it wasn’t until he had got that far through his education that it was possibly to see just what effect his brain incident was going to have on his life.

The claim successfully settled for over a million dollars.

Richard

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Richard, 40, suffered catastrophic brain incident when he was struck by a car whilst he was trying to cross a quiet Canberra road on a dark wet night. He was intoxicated but nevertheless almost made it across the road when he was struck.

His claim was brought against the Third Party insurer of the car which hit him. The insurance company, whilst admitting liability, alleged that Richard was a major contributor to the incident and sought a hefty discount for contributory negligence.

Richard's brain incident resulted in him requiring a high degree of care and rendering him unemployable. He received a multi million dollar settlement.

Peter

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Peter, 30 years, suffered frontal lobe damage when the car in which he was travelling as a passenger left the roadway and went down an embankment.

The consequences of his frontal lobe damage included inappropriate behaviour, impulsiveness and reduced temper control. It also shortened his attention span and made his short term memory unreliable.

Whilst he did not need any domestic assistance or other care his future employment was problematic.

His claim was brought against the Third Party insurer of the car in which he was travelling. Liability was admitted and the case was settled out of court.

Rachael

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Rachael, 18 years, was driving to her place of work when a ladder fell from a truck in front of her causing her to instinctively swerve to her right which result in a head-on collision with a car coming in the opposite direction.

She suffered a severe brain incident which left her in a coma for several weeks. Fortunately, she made a miraculous recovery and was discharged to her family home where she required only minimal care. She later became independent.

She was able to return to her work as a shop assistant on a part-time basis. She continued to have some difficulties with fatigue and short term memory.

The Third Party insurer, whilst admitting that the driver of the truck was at fault, alleged that she contributed to the incident for not having kept a proper lookout and failing to exercise proper care. The matter was settled out of court for a sizeable amount, with no discount for contributory negligence.

Jonah

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Our client was a young man who suffered traumatic brain incident in a car incident. He remained in hospital for over a year and was left with speech impairment, memory impairment, visual impairment and uncontrolled tremors of all four limbs. He would require personal and domestic assistance for the remainder of his life and face the possibility of risky brain surgery to try to control his tremors. He would never be able to return to work. He required modified accommodation and modified vehicle and specialised computer equipment and financial assistance in managing his compensation fund. After extensive mediation a multi-million dollar settlement was achieved.

Sam

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Sam was injured when the car he was travelling in as a passenger went out of control in a rainstorm. At the time he was travelling home from his work as a farm hand on a large stud farm. Liability was admitted.

Sam sustained a traumatic permanent brain injury, which resulted in physical, cognitive, behavioural and psychological impairments. Sam returned to work as a farmhand for a time but was unable to cope with his responsibilities and his employment was terminated. His injuries prevent him from returning to work as a farmhand, or obtaining other kinds of employment in the future. The inability to work was a devastating blow for Sam. Sam loved his work so much that he only took holidays when his employer insisted on it.

As Sam suffered a ‘catastrophic’ brain injury, the Lifetime Care and Support scheme will pay his medical and care expenses for life. His case was therefore restricted to a claim for pain and suffering and past and future loss of income. Sam’s case was successfully settled with the lawyer for the CTP insurer, giving Sam back some of the financial independence he had enjoyed prior to his injury.

Spinal incident cases

Johanna

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Johanna was a 21 year old Dutch tourist who was injured in a head-on collision near Lismore. She was not wearing a seat belt and had her feet on the dashboard of a kombi van. She suffered spinal injuries resulting in paraplegia. She was repatriated to Holland.

We travelled to Holland and successfully settled her case in a telephone settlement conference with the insurer in Brisbane.

Christian

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We acted for a 16-year-old passenger who sustained catastrophic injuries in a motor vehicle incident. The driver, who was unlicensed, (which may have been known by the plaintiff) lost control at high speed and collided with a telegraph pole. The seatbelt worn by our client had snapped and an unsecured spare tyre in the boot of the vehicle came through the backseat of the car striking him on the back. As a result of the incident our client sustained severe spinal injuries and is now a quadriplegic.

Despite allegations of contributory negligence and issues on the plaintiff’s life expectancy, this case settled out of court and our client received millions of dollars.

Simon

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We acted for Simon, aged 19, who suffered a burst fracture to his lumbar spine when the car in which he was travelling as a front seat passenger on the main street in Gosford turned right, directly into the path of a truck.

At the time of the incident Simon was studying for a degree in Oral Hygiene and intended to become a dentist. Unfortunately his injuries will now prevent him from ever being able to work as a dentist.

In a quest to find a new career path he joined the NSW Police Force and was due to commence his training in late 2010. He had ambitions of being transferred to the Australian Federal Police and specialising in the detection of computer fraud.

The insurance company admitted liability and the claim was settled for a significant sum at an informal settlement conference in November 2010.

MOTORBIKE incident CASES

Andrew

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We acted for a motorcyclist who sustained serious injuries when a vehicle in front of him decided to turn right and make a U turn without indicating. Despite the motorcyclist applying his brakes immediately, a collision could not be avoided. Liability was denied and this matter proceeded to court.

The client received a verdict in his favour with no reduction for contributory negligence, which was alleged by the insurer.

Timothy

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An off duty Police officer on a motor cycle was struck by a car doing a U-turn. Liability was hotly contested by the insurer and it was necessary to engage several reconstruction and biomechanical experts to give evidence in relation to the circumstances of the incident. Our client was rendered a paraplegic but was able to resume work with re-training to be a Police Prosecutor. The case settled for several million dollars.

Luke

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Luke, 40, suffered catastrophic brain incident when his motor cycle left the roadway and struck a pole. It was alleged on his behalf that he was forced off the road by an unidentified car which had strayed onto his side of the road.

Accordingly his claim for compensation was made against the Nominal Defendant.

Luke remained profoundly disabled and required assistance with all aspects of daily life. He was confined to a wheelchair.

Liability was denied on behalf of the Nominal Defendant on the basis that there was no car and that the reason Luke's motor cycle left the road was because he had an epileptic episode. Medical records revealed that Luke had been an epileptic for many years and had a history of being non-compliant with his medication.

The case was fought long and hard in the court. At the end of a protracted trial the judge entered a verdict in his favour for many millions of dollars. The Nominal Defendant's appeal was unsuccessful.

Sean

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We acted for a 44 year old man who suffered catastrophic injuries as a result of a motorcycle incident. Our client was travelling as a pillion passenger on his own motorcycle when the rider of the motorcycle lost control while going around a bend. Our client’s injuries included serious spinal injuries resulting in paraplegia as well as several fractures and a head incident.

The insurer for the rider of the motorcycle denied liability claiming that our client caused the incident because he did not lean with the motorcycle as it went around the bend. At the scene our client had told witnesses that he caused the incident.

The claim was successfully settled at mediation with a modest deduction for client’s contribution to the incident.

Louise

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We acted for the dependents of Louise who was killed while riding her motor cycle to work in Wollongong by a P-plate driver who ran into the back of her motor cycle as Louise was attempting to make a right hand turn in the laneway of Australia Post, where she worked.

Liability was admitted and a successful compensation to relatives claim was made on behalf of her dependents, including her grandchildren.

PEDESTRIAN CASES

Michael

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Michael, a 21 year old English visitor to Australia suffered serious personal injuries, including a brain incident when he was struck by a car on Anzac Parade near the Sydney Cricket Ground at 3.00 a.m. He was repatriated to the UK where he has done well, making a reasonably good recovery and resuming work and other life activities. Liability was strongly disputed by the insurer on the basis that the driver of the car that struck Michael would not have had any opportunity of avoiding the incident. The matter successfully settled on a compromise basis.

Charlotte

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Charlotte was 9 years old when she was struck by an unidentified car, suffering massive brain damage. The insurer alleged that she had jumped out in front of the car without warning and thus denied liability. The case went to Court and the issue of liability was successfully resolved in her favour. The claim subsequently settled, with Court approval, for many millions of dollars.

Jasmine

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Jasmine, 13, suffered catastrophic brain incident when she was run over by a car in the last of 6 lanes she was attempting to cross on a bush highway in Sydney.

She brought her claim for compensation against the Third Party insurer of the car which hit her.

The insurer alleged that the driver was not at fault. Rather it was Jasmine who was the author of her own misfortune in running across the sixth lane of the highway without giving the driver an opportunity of avoiding the incident.

On the second day of the court hearing negotiations resulted in the claim being settled on the basis that Jasmine was 50% responsible for the incident. Therefore her compensation was reduced by 50%. Jasmine still received a multi-million dollar settlement.

Charles

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Charles was a 40 year old pedestrian, struck by a vehicle on a residential street. The driver was speeding and slightly intoxicated. Charles received serious orthopaedic injuries.

The Defendant denied liability and alleged contributory negligence. The matter was complicated due to our client’s economic loss claim in that he had not worked for 15 years. The clients claim was made up in bulk because he was assessed over 10% Whole Person Impairment and was entitled to compensation for pain and suffering. Settlement negotiations were conducted with the matter reaching an extremely successful settlement.

Joshua

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We acted for a young man injured in a road accident when an oncoming vehicle turned into his path of the motorbike he was riding. The insurer for the other driver denied liability saying the driver’s vision was impaired by fog. Our client suffered nasty leg injuries, which rendered him incapable of returning to his pre-injury employment. We were able to negotiate an excellent settlement before the hearing of the case began which will go a long way in improving this young man’s quality of life.