Published 13 Nov 2015
Practice Area: Motor Vehicle Accident Injury Lawyers
Our client from Baulkham Hills was a female truck driver who was involved in a horrific motor vehicle accident in Queensland in the course of her employment and recently was compensated with over $800,000 for her injuries.
Our client in 2012 was driving her truck from Queensland to Sydney in the course of her employment when unbeknownst to her, her life was about to change as a result of an horrific motor vehicle accident. Our client was trapped in the motor vehicle and was conveyed by air ambulance to hospital suffering multiple fractures. She was initially in intensive care but fortunately was discharged from hospital and come under the care of her specialist doctors.
As the injury occurred during the course of her work she also received the benefit of workers compensation payments which paid her weekly benefits and paid for all her medical expenses. These were paid by the Queensland WorkCover Authority as her employer was in Queensland. Not knowing her rights our client contacted us through our Norwest Office and was seen by (Reg) Kolokossian, Accredited Personal Injury Specialist Lawyer.
During the course of the initial conference we advised her as to her entitlements to receive compensation as the accident was not her fault. The claim was complicated as the accident did occur in Queensland and the CTP Insurer was Suncorp. Fortunately our client lived in New South Wales in the Baulkham Hills area and therefore was entitled to pursue her claim here in New South Wales.
A Claim Form was completed and sent to Suncorp. Our client was advised in terms of her entitlements to seek compensation for her pain and suffering, past and future wage loss, all her medical expenses and all future medical expenses, gratuitous assistant domestic care provided to her and future commercial paid domestic assistance that she may require.
In addition to the above heads of damages, she was also entitled to receive compensation for the loss of employer funded superannuation benefits.
We at Gerard Malouf & Partners specialise in compensation claims especially those that occur as a result of accidents in Queensland. We have years of experience in dealing with our New South Wales and Queensland clients which sustained injuries both in Queensland and also in New South Wales.
In the normal course of the claim the relevant procedural elements were attended to in terms of serving the Claim Form, providing all documentation in support of our client’s economic loss claim which included obtaining and forwarding to the insurer all tax returns, pay slips, group certificates. Having the resources we do at Gerard Malouf & Partners we were able to qualify a forensic accountant to prepare an economic loss report looking at our client’s future loss of earnings. It was clear on the medical evidence that our client, at the time of the accident was in her early 50’s, would never be able to return to full time work in her capacity as an interstate truck driver.
Having an understanding of the relevant law in Queensland was of benefit to our client as we were able to ensure that we maximise the compensation that our client was going to receive. Unlike New South Wales there are no strict and draconian impairment thresholds in Queensland as there in New South Wales. Specialising in motor vehicle injury claims Mr Kolokossian of the firm was able to prepare detailed and lengthy submissions in support of our client’s claim. Once armed with all the medical evidence we invited the CTP Insurer, Suncorp, to attend a compulsory conference which is a prerequisite prior to commencing Court proceedings.
It is not unusual in Queensland motor vehicle accident claims for 90% of claims to settle at the compulsory conference stage. Having prepared detailed submissions in support of her claim the matter proceeded to a compulsory conference in July and fortunately for our client settled.
At the compulsory conference our client was aided by the full specialist team at Gerard Malouf & Partners which included our specialised barrister, senior solicitor Mr Goold and Mr Kolokossian Accredited Specialist. Our client was advised as to her entitlements. The process was explained to her that if the matter settled it was a once and for all settlement. Our client was finally able to close the door and settle her claim for a significant amount of compensation well in excess of $800,000. Our client was over the moon.
All victims of Motor Vehicle Accident’s in Queensland should ensure that they contact Gerard Malouf & Partners who specialise in such claims as well as NSW Accidents. Having a specialised team that looks at compensation claims is definitely a requirement for all such accident victims.
Our client is now able to get on with her life and enjoy her family and especially her grandchildren.
If you have been involved in a motor vehicle accident or any other accident in Queensland, please ensure you contact the compensation specialists, Gerard Malouf & Partners.