14 November 2022

Our client was a young 25-year-old man, who enjoyed motorbike riding, go karting, football, fishing, and boating.  He had obtained a Personal Watercraft Drivers Licence a few years prior to the accident and regularly went out on jet-skis.  He worked in the civil construction industry which was a physically demanding job.  He was a machine operator, driving excavators, bobcats, rollers and dump trucks.

Our client was out on the water with friends.  They were each riding their jet skiis.  During this ride, they stopped to look at seals near them in the water.  Our client was ahead of one of his friends, and this friend decided to try and splash him by steering close to him, but this friend ended up hitting a wave and crashing into our client from behind.  Our client was hit on his left side causing him to fall off his jet ski into the water.   One of the other riders lifted him out of the water onto his jet ski.  Our client said he struggled to breath and was in pain.  He went to hospital where he was admitted diagnosed with 5 fractured ribs and pneumothorax in the lungs. 

Recovery was difficult for our client, and he struggled to do anything at all.  He was unable to care for himself and had to have someone dress and care for him over the next seven weeks.  Once being able to return to work, he did, but on restricted duties.  Being so young, our client had intended to continue working in the civil construction industry for many years, however the injuries he suffered found him struggling with even the simplest of tasks, such as vacuuming or cleaning.  The impact on his psychological state was affecting him as well and he now suffers from depression due to the pain.

We reviewed the information provided to us by the client and assessed the viability of the claim.  We sought the advice of a Barrister, and it was determined he may have a claim for compensation against the other jet ski driver in public liability. 

Statements were obtained from our client and that of his companion, who admitted responsibility for the accident.  Expert opinion reports on liability and investigator’s statements were obtained on our client’s behalf. 

Our team also sought expert opinion reports on our client’s physical and psychological injuries from a Specialist General Surgeon and an Occupational Physician and submitted on our client’s behalf. 

Calculations of damages, interest and costs were considered in the claim and our initial assessment for damages was calculated. 

Negotiations were entered into with the defendant’s solicitors and our opening offer was put forward.  Counteroffers with the defendant’s solicitors were exchanged before the matter eventually resolved.

The information is current as at the date of publication of this article. The above article is of a general nature only and does not constitute legal advice. Law Advice Compensation Lawyers are experts in public liability claims. For a free, no obligation assessment of your injury claim call us on 1800 122 555 or complete our Free Claim Advice Form and get the compensation you deserve.


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