LawyerIn July 2017, Luke was riding his motorcycle along a fairly busy suburban street when he was struck by another motorcycle which failed to give way and collided with Luke causing the accident. Luke had facial injuries and was reported to be confused and anxious at the scene. An ambulance attended and he was transported to a major hospital where a brain CT scan revealed he had suffered a subdural haematoma, (a bleed on his brain). He suffered amnesia as the result of the traumatic head injury and was unable to remember the circumstances of the accident, his time in hospital or most of the events the following week.
As a result of the accident, Luke reported ongoing cognitive and emotional difficulties which were impacting his work performance, family relationships and some daily activities including grocery shopping and bill paying. He had difficulties with attention, decision-making, problem-solving, memory, dealing with lengthy information, emotional lability, and temper control.
He was subsequently referred to the Brain Injury Service and saw a neuropsychologist. He was diagnosed with a significant traumatic brain injury.
Luke lodged a CTP claim with the insurer of the rider at fault which was accepted. The Insurer paid for the treatment he required as a result of the accident.
Given the nature of brain injuries, Luke’s condition did not stabilise to a point where we could investigate his level of permanent impairment following the injury for a number of years. Once his treating medical team considered his condition had improved as much as it would, we organised for him to be examined by an independent neuropsychologist which was agreed to by the insurer.
As a result of the joint report, Luke’s injuries were assessed as exceeding 10% Whole Person Impairment under the relevant guides for assessment which meant that he had an entitlement to claim non-economic loss as part of his common law damages claim. Non-economic loss compensation refers to compensation for his past and future pain and suffering, inconvenience of attending medical appointments and loss of enjoyment of life.
Whilst the insurer subsequently denied that Luke’s brain injury was over 10%, we were able to resolve the matter for our client with a substantial figure paid for that part of his claim.
Luke also received compensation for:
- His future medical expenses, such as ongoing attendances upon his GP and a psychologist.
- His past loss of income as a result of the accident.
- His future loss of income or loss of earning capacity.
- Past and future care and domestic assistance.
The compensation paid for Luke’s future loss of income was significant because the brain injury had the real potential to limit his future earning capacity in that he may not be able to advance higher in his chosen career and his future annual income would likely to be limited to what he was earning at the time of the accident.
Similarly, a sizeable sum was paid for past and future care for Luke. As the symptoms of his brain injury were assessed as permanent, he will likely require assistance for life from family members to who act as his support network but also to remind him to pay bills, to remind him of important dates and events and attend complex medical appointments with him to retain and recall the information on his behalf at a later time.
It was a pleasure for The Law Office of Conrad Curry to be able to act for Luke in his claim for common law compensation. We are very experienced in dealing with CTP insurers and securing the best possible outcome for our clients, generally, without the need to engage in lengthy and costly dispute resolution procedures or Court proceedings.
If you or someone you know has suffered an injury as a consequence of a motor vehicle accident, we would be pleased to discuss your options in a free initial consultation. You can either book an appointment online or call us on (02) 4050 0330 to make an appointment with one of our expert compensation solicitors.
