Highlights:

• It is common for the TAC to try and reject claims 
• Even after conceding and issuing a ‘ticket’, initial offers may be inadequate
• Suing for damages can lead to a quick resolution

Summary:

A man who initially had his claim rejected by the TAC, sues for damages and achieves a significant compensation payout within days of the trial commencing.

Case Details:

A motorcyclist aged in his 40s was riding home from work when another car cut him off. He struck the back of the car and was propelled over the vehicle’s roof, landing heavily on the road. 

He suffered severe shoulder injuries that required surgery. He also had cognitive and neurological damage that caused ongoing migraines, brain fogginess, tinnitus and hearing loss. 

The man was a husband and father to two small boys. At the time of the accident, he’d been working as a stevedore. He had also started his own company with the intention of entering the construction industry.

As a result of the accident, he could not return to work and had to abandon his plans to work in construction. Carbone Lawyers lodged a TAC claim for Pain and Suffering and Economic Loss.

Despite presenting extensive medical reports supporting the man’s claim, it was initially rejected by the TAC. They questioned the severity of the injuries and accused him of exaggerating his condition. However, eventually, they accepted liability and conceded his entitlement for compensation.

Acting on their client’s behalf, Carbone Lawyers rejected the initial settlements offered by the TAC and launched legal proceedings to sue for damages.

Outcome:

A two-week trial was scheduled. However, on the fourth day, the matter was resolved, with the TAC agreeing to a significantly larger compensation payment.

*Details of the settlement are confidential.