Personal injury claims can be very complex, especially in cases where victims are left paraplegic, requiring rehabilitation and care for their lives.
These were the circumstances one Lindbloms client found himself in following a devastating motorbike accident that left him without the functional use of three of his limbs.
A 50-year-old father of three was travelling home on his motorbike when a woman in a car ran a stop sign and slammed into him at an intersection.
Despite the impact the man did not lose consciousness, and remembers the moment he realised he could not move his legs. In addition to the spinal cord injury that resulted in paraplegia, the man had a number of fractures, respiratory failure and serious injuries to his right shoulder and hand that rendered his dominant arm virtually unusable.
Following numerous surgeries and rehabilitation the man continued to suffer from severe pain in his upper body, depression, a range of other serious health issues, and had a shortened estimated life span.
The insurer for the driver admitted liability, which meant Martin Faull from Lindbloms could formulate a claim for 100% of the damages to be assessed.
Martin claimed a number of different categories of damages, including $220,000 for pain and suffering, about $1.5 million in past and future economic loss because the client could never work again, compensation for the care provided to him by family and friends of $246,000, and future medical, therapy, transport, equipment and housing expenses of more than $2 million.
The biggest component of the claim, and the most important to the client if he was to be able to live a fulfilling life, was future care and assistance. This would be particularly critical because the client only had use of his left arm, and needed daily, full-time assistance to carry out routine tasks.
Martin provided reports from a number of experts outlining the extent of the care the client would require for the rest of his life, including assistance with:
- Showering, drying and dressing
- Toileting and managing his catheter and urine bag
- Meal preparation, shopping, cleaning and washing
- Community access and transport.
Importantly, he also required the assistance of two people to get in and out of bed, which meant two carers would need to attend at those times. The claim for future care totalled almost $6.5 million.
Martin knew that putting the care requirements in place early, before settlement, would help him demonstrate the extent of care the client required to have some quality of life.
The strategy worked. After four years of legal work the client was awarded many millions in compensation, including provision for 18 hours of care per day, including two carers to assist with getting in and out of bed. This was an incredible result for the client, who had his life changed forever through no fault of his own, and would give him the best possible chance to make the most of his circumstances.
With complex personal injury claims, it is important to seek the advice of a highly experienced lawyer with a proven track record of success.
Contact Martin Faull from Lindbloms for a free initial discussion about your needs.