Gerard Malouf and Partners Succeed in Queensland Motor Accident Claim

Published 24 Apr 2020

Author:
Greg Choat

Our client was T-boned in a low-speed accident on his way to work. He suffered shock, and his head struck the window, but he was otherwise physically unharmed. It was our client’s position that he suffered a psychological injury following the accident.

The Queensland compulsory third party insurer admitted that its driver was at fault for the accident because its insured driver was negligent. When an insurance company admits that a driver was at fault, there is still a question to be determined as to whether any injury or damage has been caused.

In the circumstances, the insurer did not admit any injury had occurred to our client.

Case Preparation

We prepared our client’s case thoroughly, including by obtaining supportive expert evidence in respect of the psychological issue that our client alleged had occurred. The insurer’s lawyers gathered evidence that said we had no case at all. We attended a compulsory settlement conference in Brisbane with our client and the lawyers for the negligent driver.

The lawyers for the negligent driver were not interested in our client’s claim and made only 1 very low offer on a commercial basis. We advised our client to reject the insurer’s offer, and advised him about what an appropriate range of compensation would be for the injuries he had suffered. We advised our client about the serious risks that existed in his claim, including that the other side’s evidence may be accepted.

Nevertheless, we were confident in our client’s car accident claim and proceeded on the expectation that he would succeed.

Successful Settlement

A trial was listed a year after the first settlement conference, and further evidence was gathered by both sides in that period. A further informal settlement conference was then arranged to attempt final settlement before the trial occurred.

At the second settlement conference, it was clear that the lawyers for the negligent driver were taking our client’s claim seriously. The further evidence we had gathered, and the clear conviction we and our client had to run the claim is required, had an effect. We advocated and made submissions on our client’s behalf, and identified risks that the negligent driver’s lawyers faced if they ran the case to trial.

Though we were ready and able to bring proceedings to Court as required, our client was fortunate that a very good settlement was able to be struck. The result our client achieved would have been unlikely to be beaten after any trial.

Our client was able to maximise his compensation and minimises legal fees, and we were very pleased that he obtained a very good outcome.

We Can Help You

As a firm that specialises in public liability, personal injury and medical negligence around Australia, we understand how to maximise compensation, and have the skill and experience to achieve maximum justice.

If you, a family member or friend has been the victim of a car accident, a fall or shopping centre injury, medical mistake or negligence, or injury on an airline, and a permanent injury, disability or death has resulted, bringing a claim through Gerard Malouf and Partners is likely to bring you answers that you would never otherwise have received, compensation that you deserve, and a sense of closure.

Gerard Malouf and Partners Compensation Lawyers are the premier personal injury law firm in New South Wales and Queensland. We have assisted thousands of injured people in your position. So feel free to contact Gerard Malouf and Partners Compensation Lawyers for a no-obligation discussion of your circumstances by calling 1800 004 878 or complete our email enquiry form here.

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