Highlights
- A chance conversation leads to a successful TAC claim just weeks before the time limit expires
- The trauma of witnessing an accident can entitle an individual to TAC compensation.
Summary
A young man suffering PTSD after witnessing a road accident is unaware that he is entitled to compensation from the TAC until a chance meeting at Carbone Lawyers.
Case Details
The client in this case (the Plaintiff) was a young man who had accompanied a friend to a meeting at the Carbone Lawyers’ office to discuss a separate matter.
In casual conversation, Senior Lawyer Manny Carbone asked the young man what he did for a living. He replied that he no longer worked and started to recount how a road accident six years earlier had affected his life. Manny recognised that the young man had a valid TAC claim which was still within the time limit period, and took the case on. Until this point, the young man had never considered that he may have been entitled to significant lump sum compensation.
The story begins in December 2016 when the plaintiff was attending a work Christmas Party at an Albert Park venue. He was in high spirits. It had been a successful year. He was excelling in his career and earning a lot of money. His personal life was equally satisfying, and he was in a happy relationship. There was much to celebrate.
As the work event comes to an end, he walked out of the venue and climbed into a taxi. The taxi performs a U-turn. At that moment, a motorcyclist was coming down the road at speed and collided with the taxi, hitting the passenger door behind the driver. The impact was opposite to where the plaintiff was sitting, but he saw the motorcyclist get flung over the taxi and hit the road. The plaintiff ran to the motorcyclist lying on the road and attempted to perform CPR on him. However, the motorcyclist died in his arms.
The experience shatters the young man’s life. He was never the same again. He was unable to focus on his career and lost his job. His relationship fell apart. He started abusing drugs and engaging in high-risk sexual behaviour. Before long, he contracted HIV.
Carbone Lawyers was successful in proving that as a result of witnessing the road accident and death, the plaintiff had suffered severe PTSD, which had disrupted and ruined his life.
Outcome
The plaintiff was awarded a significant lump sum payment from the TAC.