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Case Studies
Motor Vehicle Incident CASES
Complex Liability cases
Sarah
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.
Joshua
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.
PEDESTRIAN CASES
Michael
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
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
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
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.
PUBLIC LIABILITY CASES
Beth
Beth, a young fitness trainer was scalded by hot soup in a Vietnamese restaurant
in a trendy Sydney suburb, which had been dropped in her lap by a waitress.
A claim was made against the owner of the restaurant and the claim was successfully
settled.
Robert
We acted for a 22 year old man who was injured at school when he was 13. He suffered
a brain incident when he was hit in the head by a golf ball during the lunch break.
A fellow pupil threw the golf ball. Just before the golf ball was thrown, a supervising
teacher had seen the group of boys with the golf ball and asked them to put it away,
rather than confiscating it.
Our client brought a claim for compensation against the boy who threw the ball,
under the boy’s home and contents insurance policy and against the Department of
Education in relation to the conduct of the supervising teacher. Both defendants
denied liability. There was a risk that the Court would not find negligence.
In spite of the brain incident our client managed to complete his schooling and
to complete a Bachelor of Commerce and is now doing a Master of Finance. The claim
was successfully settled out of court
Carlos
We acted for a 14-year-old schoolboy for the 3rd degree burns he received to more
than 75% of his body in a school incident. Our client and other students were at
the school playing field for afterschool football training when the incident occurred.
A teacher from the school was the coach. The teacher marked the field lines by pouring
accelerant on the grass from a tin in which he had drilled a small hole in the lid
and then lighting the grass with a match. Although there were a number of witnesses
– it was difficult to determine exactly how our client got injured as witnesses
provided different accounts of the incident. Some witnesses stated our client picked
up the tin of accelerant and was pouring accelerant on the flames when the tin exploded.
Others, including our client, said the explosion happened when our client kicked
the tin away from approaching flames. We interviewed each of the witnesses.
The school accepted the actions of its teacher were negligent but alleged our client
was also partially responsibility for the incident. We engaged an adolescent psychologist
to give an opinion on the unpredictability of teenage behaviour as support that
our client did not contribute to his own injuries.
A large out of court settlement was reached over 2 days of mediation. Prior to the
settlement we obtained via the Court interim payments to allow our client to purchase
a home suitable to his needs while waiting for his case to be finalised. Claims
were also successfully brought for the nervous shock suffered by each of our client’s
immediate family members.
Patrick
We acted for a crewmember of an ocean trawler who sustained a traumatic brain incident
when he fell down an open hatch on a vessel. Our client struck his head on the edge
of the hatch and fell some three to four metres down to the galley, sustaining severe
traumatic brain incident. The difficulty with this case was that there were no witnesses
to the incident. Despite this, this case was successfully settled out of Court.
Dean
We acted for a self-employed truck driver whose truck rolled over at tip causing
him to suffer multiple severe physical injuries. Expert evidence alleged that the
roll-over occurred either due to subsidence in the area he was tipping or that the
area was sloped. It was alleged that the tip owed our client a duty of care and
ought to have roped off any unsafe area. Liability was hard fought by the tip but
the matter resolved successfully out of court.
Helen
We represented Helen, a pensioner aged 68, who was viciously attacked by a large
dog. Helen sustained a displaced spiral fracture of her left femur, which required
surgery.
Helen’s leg injury was very debilitating and restricted her mobility. Helen, who
lived on her own, had to rely on family and friends to assist her with basic daily
activities, such as household duties and personal care tasks.
Our investigations revealed that the owner’s of the dog had a policy of insurance
that provided coverage for Helen’s accident. After identifying the public liability
insurer, Helen, through us, managed to successfully pursue a claim for compensation.
Helen’s claim settled out of Court for an amount that compensated her for her pain
and suffering, as well as her need for care and treatment.
David
We acted for an invited entrant onto a block of residential units who was injured
when a brick vent dislodged and fell from the exterior of the building onto his
head. The building was in very poor condition, even to the casual observer. Proceedings
were brought against the owners of the strata plan and were successfully settled
at out of court.
Helen
We acted for a lady who was injured when she tripped in the rain on steps leading
out of a popular hotel. The hotel had placed non-slip grip step on parts of the
step but the grip was coming away in a number of places. The stairs, without the
strips, were extremely slippery and unsafe. Our client suffered injuries that prevented
her from running her B&B business and enjoying activities she loved prior to her
injury, such as skiing. Liability was denied by the hotel but the case resolved
successfully at the hearing.
MEDICAL NEGLIGENCE CASES
Maria
Maria, a 45 year old woman, suffered serious personal injuries at Westfield Shopping
Complex at Chatswood when a lady, attempting to commit suicide, threw herself over
a 6th floor balcony and landed on her.
As a consequence our client suffered serious personal injuries, including brain
damage. A claim was successfully made against a government department for having
allowed the lady who tried to commit suicide to walk out of a mental institution,
despite the fact that she was on suicide watch.
Brian
Our client is a medical doctor. He attended a clinic in Sydney to have laser eye
surgery to correct long-standing myopia. He was advised he was a very suitable candidate
for laser surgery, however within a few weeks of having the surgery our client developed
multiple image vision. He was subsequently found medical unfit to continue working
as a surgeon in his area of specialty. There was a dispute as to the cause of our
client’s vision problems – with experts engaged by the defendant not relating our
client’s visual problems to the surgery. Although the treating surgeon never admitted
liability, an excellent out of Court settlement was negotiated.
Charlie
We acted for a young boy and his now late mother in their claim for compensation
to relatives when their father/husband died whilst receiving care in a Sydney hospital.
Our client’s father had previously suffered from a heart condition and received
treatment from a cardiac specialist. He had some complications post surgery that
did not receive immediate attention and it was alleged this contributed to his death.
The claim successfully resolved on the steps of Court.
Nigel
We acted for a man, now deceased, who was diagnosed with terminal prostate cancer
that was not detected until age 59 when it was already at an advanced stage. He
was a health conscience man who had regularly consulted his GP for check ups but
it was alleged he was not given any advice about the appropriate tests for prostate
cancer for men 50 years and over. It was his case that had he been advised of the
available testing he would have undergone such tests and had his cancer been detected
at an early stage his prognosis would have been much better. His claim settled out
of court shortly prior to his death.
WORK incident CASES
Geoffrey
We acted for a truck driver who suffered a severe traumatic brain incident and multiple
physical injuries when the truck he was driving rolled over. The truck was carrying
a bales of hay that had been loaded incorrectly and it was alleged his employer
had not provided him with appropriate training in loading and carting such hay.
There were complex issues about the cause of the roll-over and the relevant legislation
to be applied, including whether the incident was a “motor incident” or a workplace
incident. The claim was settled successfully at mediation.
Joseph
We acted for a man who was injured whilst working as a traffic controller. One of
his colleagues was using an “occy strap”, which flung and struck our client in the
eye causing total blindness in that eye. Despite our client being able to return
to work with his employer his out of court settlement was an excellent result.
Melanie
Our client was a young girl who was the victim of two armed robberies at her work
place. Although there were no physical injuries she suffered post-traumatic stress
disorder and developed schizophrenia. She was unable to cope with normal daily activities
and became socially isolated and dependent upon medication.
Our client consulted lawyers who failed to bring a claim for damages against her
employer for failing to provide a safe work place and so we pursued a late claim
against the employer and a claim against the previous lawyers for the compensation
of which our client was deprived as a result of their delay.
The claim proceeded to the Court of Appeal and a very favourable settlement was
negotiated.
Terry
Our client was a young man employed as a safety officer on a major construction
site. He was earning a good salary and had great career prospects. A young apprentice
sustained fatal injuries and our client arrived at the scene shortly afterwards
and rendered assistance but was unable to save the life of the young apprentice.
Our client suffered catastrophic psychological incident and developed major depression
and became addicted to alcohol and gambling. His relationship broke down and he
was unable to return to any form of work.
A claim for damages for loss of earnings was made against his employer in the Supreme
Court and settlement was achieved. We also successfully claimed substantial lump
sum payments for total and permanent disability under our client's superannuation
policies.
Nathan
We acted for a man injured during the course of his employment. When we spoke with
him it turned out he had suffered another injury at work, which we were able to
advise him was also compensable. We were able to negotiate a good settlement for
him for his injuries and pain and suffering which was well in excess of the insurer’s
first offer. His entitlements to claim future medical expenses remain open and if
his injuries deteriorate he can make a further claim for his injuries.
INTERNATIONAL CASES
James
James, 51 year old professor and a world authority on El Nino suffered massive brain
damage in a roll-over incident near Cooma. He was eventually repatriated to the
UK to be with his family. Court proceedings commenced in the UK, for UK damages.
The insurer alleged that James was responsible for the incident by grabbing the
steering wheel after the driver had fallen asleep, thus causing the car to leave
the roadway.
The case settled in the UK, with Court approval for over $10 million.
Liam
Liam, a 21 year old from Ireland, suffered severe brain damage when he was struck
by a car in Sydney, late at night, as he was attempting to cross a busy 6 lane highway.
He was intoxicated at the time and there were no witnesses to the incident. The
damage to the vehicle which struck him indicated that he may have walked or ran
into the front right corner of the car.
A claim was made against the insurer of that car. Not surprisingly liability was
denied.
After the incident Liam was in hospital and rehabilitation for many months before
being repatriated to the family dairy farm in Ireland.
We travelled to Ireland in 2004 to interview Lama, his parents and friends and to
see for ourselves the difficulties he experienced in his daily life.
The claim was settled out of court on a comprised basis but Liam still received
more than a million dollars.
Daniel
Daniel, 23, came to Sydney from Ireland on a working holiday. On the night of the
incident he was very heavily intoxicated with a blood alcohol level of .35. He alighted
from a taxi and attempted to cross 3 lanes of traffic on a wet and wild night at
Edgecliff.
After he had crossed 3 lanes he was struck by a car which failed to stop. He was
thrown to the roadway. A number of cars swerved around his body. A car then stopped
just short of his body. Unfortunately car behind that car did not. It ran into the
rear of the other car, pushing it across Daniel's body.
As a result, Daniel suffered quadriplegia. He spent many months in hospital and
rehabilitation before being repatriated to a rehabilitation facility in Dublin and
then discharged to the family farm several kilometres from Killaloe.
We went to Ireland to meet Daniel and members of his family, to interview his pre-accident
employer and generally to prepare his compensation claim.
His claim was made against the insurer of both vehicles. One of the insurer's admitted
liability whilst the other denied liability altogether. It was alleged that Daniel
contributed to his own injuries because of his intoxication and his foolhardy conduct.
We obtained permission for his case to be heard in Ireland. Just before the case
was about to start it was settled after lengthy negotiations. Daniel received several
million dollars.
CONTACT US
Do I have a claim?
If you have sustained personal injuries in a Motor Vehicle Incident and can prove that the incident was caused by the driver of a motor vehicle (even if the identity of that vehicle is unknown, for example, hit and run) even if you were partly responsible for the incident yourself, you are entitled to receive compensation or 'damages'... read more
