Car Accident Claims

How to Claim Car Accident – 5 Case Studies in Australia

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BestLawyerTips | Case Studies – These are some of the study case of some lawyers, you can use these case study to overview the claim process and also several important steps to start processing the claim when you experiencing a car accident.

Those case are compilation from one of the lawyers that specialised in personal injury and accident and representing dozens of cases over 10 years back.

Case #1 | A Man Who Suffers Leg Amputations In A Sydney Suburban Street Crash

At the conclusion of his forklift shift, our client was going to pull his automobile into his driveway when a car approaching from the opposite direction collided with the front of his vehicle at a high rate of speed. Both autos sustained significant damage in the incident. Unfortunately, our client’s left leg was severely injured in the crash as well. While he was still in the hospital, his leg was medically amputated below the knee since it could not be saved.

A few months later, this leg was similarly amputated below the right knee, in part due to our client’s preference for his “good leg” and in part due to vascular disease in that leg.

The second vehicle’s CTP insurance vehemently denied that the driver was at fault. Our customer was blamed by the insurer. Experts were consulted on behalf of both sides. Their opinions about who was at fault differed.

In the end, our client’s compensation claim was resolved out-of-court on extremely favorable terms.

Case #2 | A truck and campervan collided fatally in rural Victoria.

A calm country road in Victoria was being traversed by a family of German visitors, who were traveling in a campervan driven by their father. Sadly, the driver momentarily lost consciousness of the need to drive on the left side of the road. Just then, a big vehicle rounded the corner in the other direction and struck the campervan squarely in the face. The campervan’s short driver perished instantaneously, and his two small children, ages 16 and 14, sustained severe injuries.

Soon after the two damaged children were released from their respective Melbourne hospitals, they, along with their mother who survived, were transferred to Germany.

In order to assist them and others in preparing their claims for compensation against their father’s CTP insurance (compulsory third-party insurer), we traveled to Germany. Because he was solely to responsible for the accident, the insurance conceded culpability.

Both of the major cases were resolved in different mediations in different German cities, and both for substantial sums of money.

Due to the challenging and uncomfortable time difference between Germany and Australia’s east coast, it took until the wee hours of the morning in Germany for the mediations to resolve both compensation claims.

Case #3 | A young male traveler on a “JOYRIDE” has a catastrophic brain injury.

Late at night on a rural road, our teenage client was riding in the front seat of his mother’s automobile with his buddy, an unlicensed and minor driver, driving it dangerously. Our client had an acute traumatic brain injury when the automobile crashed into a telegraph pole.

Despite not having a driver’s license, his pal had borrowed his mother’s car for a pleasure trip without permission.

Because of the severity of his brain injury, our client was approved as a permanent member of the lifelong Care and Support program, which covers lifelong medical expenses and care without assigning blame.

We represented our client in his fault-based damages claim stemming from the vehicle’s careless driving.

Due to our client’s personal involvement in the collision and injuries—he was riding in a car that he knew was being driven by an unlicensed, underage driver—his claim was finally resolved on a compromised basis. The District Court in Sydney’s judge authorized the deal.

Case #4 | In North Queensland, late at night, pedestrians were being pulled by a car.

In the late hours of the night, our client strolled along a dimly lit rural road while staying with family in North Queensland. He suffered a severe knee injury when the driver of an approaching automobile failed to spot him in time to avoid colliding with him.

On behalf of our client, we filed a compensation claim in Queensland against the vehicle’s applicable mandatory third-party insurance.

A compromise was reached in the out-of-court settlement of our client’s claim, wherein 50% of the fault was placed on the driver of the automobile and 50% on our client for strolling on the road at night in dark clothes.

Case #5 | A Car Accident Caused A Traumatic Brain Injury To A Woman

Early in the morning, when our client had parked her automobile at a stop sign in a suburban Sydney neighbourhood, a motorist approaching from her right slammed into the junction, smashing our client’s vehicle into a wall.

Our client experienced severe traumatic brain damage as well as further orthopaedic problems as a result.

On her behalf, we filed a claim for damages against the other car’s required third-party insurer. Because the driver of that vehicle was solely to blame, the insurance conceded culpability.

Due to her severe brain injury, our client was approved as a lifetime participant in Lifetime Care and Support, which will cover her medical expenses for the remainder of her life.

We filed a common law damages action against the mandatory third party insurer for pain and suffering, economic loss, and the expense of fund administration. Our client’s lawsuit was resolved for a substantial amount after lengthy settlement negotiations, and a District Court judge approved the deal as being suitable and in our client’s best financial interests.

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