Life can change in an instant, especially when accidents occur at work. One moment, everything is normal, and the next, an unexpected collision turns a person’s world upside down. At State Law Group, we are committed to standing by our clients through their most challenging times. This case highlights how we helped one client navigate the complexities of a motor accident injury, workers compensation claims, and insurance disputes, ultimately securing a million-dollar settlement that transformed his life.
Key Takeaways
- Medical Evidence is Crucial: Independent reports from medical experts helped solidify our client’s case, especially when dealing with pre-existing conditions.
- Strategic Negotiation Saves Time and Stress: By focusing on settlement negotiations, we were able to avoid costly and drawn-out litigation, securing a favourable outcome efficiently.
- Holistic Representation Matters: Our approach went beyond the immediate injury, considering our client’s long-term earning potential and the emotional toll of the accident, which led to a more comprehensive settlement.
The Situation: A Devastating Accident on the Job
In 18 April 2016, our client, a 57-year-old truck driver employed in civil construction, was going about his day. He was behind the wheel of a fully loaded Hino Tipper truck, carrying sandstone materials, as part of his daily duties. After turning off Elizabeth Drive in Badgerys Creek, he pulled into his employer's private driveway and came to a stop. But before he could even get out of the truck, disaster struck.
Another vehicle—a large Iveco truck—entered the driveway at a speed of around 90km/h and slammed into the side of his stationary truck. The impact was catastrophic, spinning the client’s vehicle around. It wasn’t just the truck that took a hit. Our client sustained severe injuries to his neck, right shoulder, and lower back.
The Impact: Life-Changing Injuries
The force of the collision left our client with a series of debilitating injuries. He sustained a whiplash injury to his neck, jarred his right shoulder, and suffered an acute strain to his lower back. Initially, the pain in his neck and shoulder overshadowed his back issues, but over time, the pain in all three areas became overwhelming. He underwent surgeries on both his back and right shoulder but unfortunately developed a permanent frozen shoulder post-surgery. These physical injuries were compounded by psychological trauma, including depression and anxiety, as he struggled with the impact of these injuries on his life.
Challenges: Navigating Complex Claims and Pre-Existing Conditions
This case was not straightforward. As the accident occurred during the course of his employment, our client was eligible for a Workers’ Compensation claim in addition to a Compulsory Third Party (CTP) claim. However, this dual eligibility presented its own challenges:
- Payback of Wages: The client faced the possibility of having to pay back wages received from the Workers’ Compensation insurer once the CTP claim was settled.
- Pre-existing Injuries: The insurance company argued that some of his injuries were pre-existing, meaning that any settlement would need to account for a percentage of his prior conditions.
Legal Strategy: Building a Strong Case
At State Law Group, we knew that proving the full extent of our client’s injuries, and how they affected his life, would be critical to securing a substantial settlement. We adopted a detailed, evidence-based strategy to ensure success.
- Medical and Vocational Reports: We obtained comprehensive independent medico-legal reports and a vocational assessment report. These were instrumental in showing the extent of the client’s injuries, both pre- and post-accident, and helped establish his permanent impairment percentage.
- Pre-existing Injuries: To counter the insurance company’s claims about pre-existing injuries, we gathered records from all our client’s pre- and post-accident treating health providers. We also worked with treating doctors to produce reports that directly addressed causation of the back injury.
- Settlement Conference: By building a strong case based on solid medical evidence, we were able to negotiate effectively. The case was settled out of court at an informal settlement conference, sparing our client the stress of a lengthy litigation process.
Outcome: A Life-Changing Settlement
After lengthy settlement negotiations, we reached a resolution that changed our client’s life for the better. The claim was settled out of court, with the client receiving a $1,000,000 settlement. This amount was nearly eight times his pre-accident annual earnings, providing him with financial security to manage his medical needs and live a comfortable life despite his injuries.
Why State Law Group?
At State Law Group, we pride ourselves on our client-focused approach and dedication to achieving the best outcomes. This case demonstrates our ability to navigate complex legal issues, whether it’s dealing with multiple insurance claims, pre-existing conditions, or challenging negotiations. Our expertise in personal injury law allowed us to secure a settlement that far exceeded our client’s expectations and gave him the financial support he needed to move forward.
If you or someone you know has been involved in a motor vehicle accident or is dealing with personal injury claims, don’t hesitate to contact us. We’re here to help you through every step of the process and ensure you receive the compensation you deserve.
FAQs
- What is a CTP claim?
A CTP (Compulsory Third Party) claim is related to injuries sustained in a motor vehicle accident. It covers compensation for personal injuries.
- Can I make a claim for an accident at work?
Yes, if you are injured during the course of employment, you may be eligible to make a Workers Compensation claim as well as a CTP claim if a motor vehicle is involved.
- How can I claim for lost income after an accident?
You will need evidence of your pre-accident earnings, medical reports, and possibly a vocational assessment to support your claim.
- What happens if I have pre-existing conditions?
Pre-existing conditions can complicate claims, but with proper medical evidence, it’s possible to argue that an accident aggravated or worsened those conditions.
