Summary:
After a lengthy and challenging legal battle, Carbone Lawyers has secured a significant settlement for a client seriously injured in a road accident. The case, which was initially denied by the Transport Accident Commission (TAC) on the grounds that the client’s injuries were pre-existing and did not meet the criteria for ‘serious injury’, settled a day before it was meant to run to trial in the Supreme Court of Victoria.
Key Points:
- The woman was injured when she was struck by a car that failed to stop
for her as she crossed the road using a pedestrian crossing. - She sustained a range of physical and psychological injuries.
- The Transport Accident Commission (TAC) initially denied the claim, asserting that the client’s injuries were pre-existing and not a result of the accident.
Case Details:
The woman, aged in her late 50s, was using a pedestrian crossing on a main road in Melbourne’s South Eastern suburbs when she was struck by a car. The driver had failed to stop at the intersection and yield to the pedestrian.
The woman suffered multiple injuries to her spine and referred pain in her limbs, migraines, as well as psychological injury, including post-traumatic stress
disorder, anxiety, and depression.
The application for a serious injury certificate was denied by the Transport Accident Commission (TAC) on the grounds that the woman’s injuries were pre-existing and not a result of the accident. They also refuted the severity of the injuries and rejected the claim for payments for her medical treatment.
Carbone Lawyers argued that while the plaintiff had some pre-existing conditions, she had been working full-time and had no issues with daily activities
before the accident. However, following the collision, she was unable to return to
her pre-injury employment or any alternative employment.
This was supported by the opinion of the woman’s treating doctors, who reported that she had no capacity for future employment.
Outcome:
The day before the matter was listed to commence in the Supreme Court, the parties reached a settlement, with the woman receiving a payment of nearly $1 million.
This outcome highlights that road accident victims do not have to accept the TAC’s initial decision and that a determined legal team can help them fight for
fair compensation.
