In the aftermath of a serious and life-changing motor vehicle accident, it can be difficult to navigate and understand not only complex medical issues and the healthcare system, but also your legal rights and entitlements.
Here, we take you through Mark’s* story of his serious motor vehicle accident, what he endured through his recovery process and how we were able to help him secure adequate compensation.
In early 2019 young family man, Mark came to Bradley Bayly Legal for legal advice after suffering catastrophic injuries in a motor vehicle accident which rendered him a quadriplegic.
A devastating motor vehicle accident
Mark, aged 37 at the time, was married with two young children and was working as a diesel mechanic in his family’s well-established automotive business.
What started out to be an ordinary errand on the evening of 23 August 2018, ended terribly for Mark and his family. As Mark passed through a busy intersection, the driver of another vehicle heading in the opposite direction failed to give way and turned across Mark’s path. The impact caused Mark’s vehicle to roll several times before coming to a halt. Mark sustained an injury to the C6/7 level of his spine and several fractures in his thoracic spine.
From the date of his accident in August 2018, Mark was unable to work and spent the next 8 months in extensive treatment and rehabilitation to recover from his injuries.
How Bradley Bayly Legal was able to help
Although the circumstances of the accident appeared to be straightforward, a dispute arose around the events that occurred in the immediate lead-up to the collision. As a result, the relevant insurer (Insurance Commission of Western Australia - "ICWA") offered to pay 75% of the claim, claiming that Mark was partly responsible for the accident.
Given the extensive care, treatment, and therapy Mark needed after the accident, any reduction in his claim and ultimately his damages would mean an added financial burden for Mark and his family.
Our team worked hard to compile detailed evidence regarding the particulars of the accident, as well as comprehensive medical evidence of Mark’s future needs. This evidence was essential to the process of reaching an out-of-court settlement with the insurer.
Entitlements following a car accident
Successfully settling Mark’s claim in a timely manner meant that he was able to implement the best care, treatment, and therapy regime for his needs.
In addition to essential care and treatment services, Mark was also entitled to:
- compensation for his lost earnings and superannuation
- modifications to his home
- travelling expenses
- domestic services
- reimbursement of costs to family and friends who provided assistance to him during his recovery; and most importantly,
- compensation for his pain, suffering, and loss of amenities of life as a result of the accident.
Obtaining the right advice for a catastrophic injury claim
Our team of catastrophic injury claim lawyers were able to help Mark access his maximum compensation entitlements. This was brought through the ICWA on a ‘no fault’ or ‘partially at fault’ basis.
Under Western Australia’s common law, if there is at least some fault attributable to another driver, damages can be allowed for several losses, as occurred in Mark’s case.
However, if a person is catastrophically injured and unable to establish fault by another driver, they may be able to seek compensation through the Insurance Commission’s Catastrophic Injuries Support (CIS) Scheme. It‘s important to note that claims made through this avenue carry significantly less entitlement to compensation.
Whilst Mark would have been eligible to make a claim through the CIS scheme, our team of lawyers were able to help Mark access his full entitlements.
Catastrophic injury claim lawyers
With ICWA’s relatively new CIS scheme in place in WA, it's imperative to seek legal advice from a lawyer experienced in catastrophic injury claims to ensure you (or your loved ones) are receiving the full rights and entitlements.
Our extensive experience in helping clients with catastrophic injury claims allows us to provide you or your loved one with the tailored advice you need.
To find out more about the legal process, contact us for a no-obligation consult.
*To maintain our client’s confidentiality his name and some details have been changed.