23 February 2023

At the time of his accident, our client was a healthy 31-year-old male who enjoyed attending the gym and boxing classes. 

On the day of the accident, our client was attending a social function at a hotel.  At the end of the function, he left the hotel and walked across the hotel’s carpark to wait for a taxi at a concrete island located in the middle of the carpark.  While walking across the carpark our client was hit by an oncoming vehicle.  His right hip was struck causing him to fall to the ground and his right hand was run over by the car’s rear wheel.  The driver of the vehicle stopped momentarily and then sped off from the scene.

As a result of the accident, our client suffered fractures to his right foot and ankle as well as fracturing the knuckle on his right middle finger. He also suffered psychological injuries.

The repair to our client’s finger caused it to remain in a bent position, restricting his ability to use his hand considerably.  Specialists were consulted and the only solutions to rectify the issue would be a complete amputation or an attempt at reversing the operation, which could leave his middle finger frozen.

The restriction in the use of his finger interfered negatively with his productivity and capacity for typing, which was a substantial part of his job.  Specialists provided reports stating that our client would suffer from reduced productivity, and it would be likely our client would have less success competing and obtaining work in the open labour market, compared to a fully fit person.

A CTP Application for Personal Injury Benefits claim was lodged by our client however the insurer deemed his injuries did not reach the impairment threshold of 10% whole person impairment.  Our client sought the assistance of LawAdvice Compensation Lawyers with lodging a Medical Assessment Permanent Impairment Dispute in response to the insurer’s initial impairment decision. 

Expert opinion reports were obtained by our firm which were used to determine the extent of our client’s whole person impairment and incapacity.  Our independent medical examinations indicated that our client suffered from a whole person impairment greater than 10% according to the AMA IVth Edition Guidelines.

Our client’s treating medical evidence and income loss documents were also obtained by our firm in support his claim and we also sought advice from a Barrister.

An informal settlement conference was organised with the insurer where we provided all relevant reports and income loss documents.  We engaged in settlement negotiations and came to a sum that was eventually accepted by all parties. The agreed total settlement for all claims was suitable and our client was very grateful for our assistance and the outcome.

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