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Case study: Pedestrian seriously injured in motor vehicle accident

Thirty-eight year old Ms Winters was walking across a pedestrian crossing at the Brisbane Airport where she worked when she was struck and knocked to the ground by a car.

As a result of the accident, Mrs Winters suffered significant brain injuries and extensive scarring. Since the accident, she suffers from a personality change, a direct psychological consequence of her head injury.

Ms Winters' case

The compensation claim that was put forward on Ms Winters' behalf claimed future economic loss on three grounds:
  1. Impairment of Ms Winters' residual earning capacity;
  2. Loss of her opportunity to follow her intended career path; and
  3. Loss of her opportunity to achieve at the highest echelon of her profession.
In addition, Ms Winters also made a claim for loss of future superannuation benefits, domestic care and assistance, and future medical treatment and care.

Ms Winters' matter made it to the Supreme Court of Brisbane on 2 December 2014 where Her Honour Philippides ordered judgment in her favour. Ms Winters was awarded compensation in the sum of $1,335,870.26. The full case is available here.

How do I know if I’m able to make a motor vehicle claim?

There are legal options if you have suffered an injury in an incident involving a motor vehicle. Compensation claims can be made through the courts, which can be successful if it’s proven that you suffered because of someone else’s negligence.

I think I have a motor vehicle claim, what should I do next?

It’s important that you contact a motor vehicle lawyer with experience in car accident claims as soon as possible to make sure your interests are looked after.

The Shine Lawyers motor vehicle law team will be able to advise you of your entitlements. Advice is obligation free, and your lawyer can come to you at home or hospital.

The Shine Lawyers No Win No Fee basis is available for motor vehicle claims. This is designed to help people whose financial circumstances might otherwise deny them access to legal representation.

Read more about Shine Lawyers services.

Written by Shine Lawyers. Last modified: August 3, 2017.

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