Lawyers win $XY for a 45-year-old man who suffered fractured arm and legs in a motor vehicle accident in Perth.
The plaintiff was a passenger in a car driving in Perth that swerved to avoid a vehicle that went through a red traffic light near to the airport. The vehicle hit the wall of a house, causing the plaintiff to suffer fractures to both legs and his right arm. The driver did not take the brunt of the impact and escaped serious injury with bruises.
The plaintiff had pins and metal plates inserted into both legs and arms and spent two weeks in the hospital before being allowed to go home to be cared for by his partner.
The plaintiff has not been able to return to work as an offshore worker on an oil rig and has suffered considerable financial loss due to the impact on earnings and medical expenses. He has not been able to drive a vehicle and has to be taken to important appointments, such as medical visits, by his partner. He has been on crutches since the accident and restricted to staying at home, where he is unable to perform menial tasks such as cooking, cleaning and bathing.
The court ruled that the plaintiff was entitled to $XY compensation as he had been off work for a year with a distinct possibility that he will need to seek a career change. There is no indication at this stage as to whether his company will want to redeploy him offshore again, considering the serious nature of his injuries and the likelihood of ongoing complications.
Seeking a career change, or being redeployed to an office-bound job, could mean having to study or attend courses for an indefinite period.
In addition, the local Shire was found to be negligent in that during the accident, a globe on the shaded red traffic light was not working and had not been replaced 24-hours after expiring. A CCTV recording of the incident revealed that the driver of the car that skipped the traffic light did not stop and appeared oblivious to the accident occurring to the rear. CCTV footage did not pick up the registration number of the second vehicle and the driver could not be contacted.
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