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[ACT] $1m compo for injured motorcyclist

Discussion in 'Politics, Laws, Government & Insurance' started by DrewBytes, Dec 4, 2009.

  1. http://www.abc.net.au/news/stories/2009/12/04/2762106.htm

    A 65-year-old Canberra man who was seriously injured in a motorcycle accident in 2005 has been awarded personal injury damages of more than $1 million.

    Robert John Waters was on his way home from work when a motorist collided with his motorbike on the corner of Mugga Way and Flinders Way in Red Hill.

    He fractured his leg and shoulder and injured both knees.

    Master David Harper found that Mr Waters continues to have problems with his shoulder and suffers neck pain.

    He was awarded more than $1.1 million in damages.
  2. Much more to this story than what is being printed I think, assuming this is a CTP case. That figure is grossly overinflated for the injuries listed and 'continued shoulder problems and neck pain'. I suppose he could be claiming perm loss of ability to work in his previous occupation with said occupation paying something like 150k/year. 'Pain and suffering' + medical expenses + lost income to date + future lost income might generate a big figure on that order, but I'd wager the reported injuries and ongoing issues are not the whole story.
  3. He's 65 years old!
  4. For those interested, here's the Supreme Court judgement for this case.

    I'm not quite sure how the system works in the ACT, but this case appears to be between the rider and the driver who hit him.

    In summary:

    * The guy's had several operations since the crash and has been on varying degrees of pain killers since
    * Much of his lower right leg and foot is permanently numb
    * He has had complete loss of sex life (he had only remarried a few months prior to the crash)
    * His wife has had to care for him full-time for some time after the crash, and still provides a large degree of care (for example after one operation it took nearly 4 months before he could go to the toilet on his own)
    * He finds walking extremely difficult and has to drive a modified car
    * He had expected to find work as a car salesman within a few months of the accident (he had been one for several years previously) and was expecting to work into his early 70s

    The payout is broken down as:
    * General damages - $180 000 (plus $13 500 interest)
    * Past treatment - $289 200
    * Future treatment - $40 000
    * Past economic loss - $220 000 (plus $15 000 interest)
    * Future economic loss - $180 000
    * Tax compensation on refund of employer payout - $24 265 (he is required to refund his employer's insurer the gross amount despite receiving net amount)
    * Past services provided by his wife - $40 000 (plus $8 000 interest)
    * Future services provided by his wife - $50 000
    * Past loss of superannuation - $24 000
    * Future loss of superannuation - $20 000

    As you can see that $1.1 million racks up fairly quickly, even for someone his age.
  5. zeddicus how much compo did you get paid out if you dont mind me asking?
  6. Good find! It never occured to me to go looking for judgement itself.

    I was correct then - his injuries were much more extensive than the originally linked news article stated. Unfortunately somewhat typical of most news outlets.

    Total loss of sex life; major impact on mobility; 100% unfit for work (this is normally applied against one's pre-injury profession and includes 'suitable duties' or 'light duties' type fitness); existing loss of earnings for himself and his primary carer (wife); future loss of earnings. All would I think be major data points in determining compensation.

    In NSW these things work on WPI, Whole Person Impairment. The higher the WPI, the higher the compensation. I would be surprised if this guy is under 50% WPI.

    My case is not finalised yet.
  7. Having read his injury list from the court document, I have to wonder how much better off the rider would be had he been wearing a pair of race boots, CE-approved knee armour and a good back protector.

    Obviously there's no way to tell and this is all pure speculation, but I'd at least be willing to wager he'd not have had the 'degloving injury' to his foot if he'd had a pair of Sidi Vertigo or A* Tech3 or similar. I'd also bet no scapula fracture and if he's _really_ lucky, most of those lumbar fractures gone also.
  8. holy shit, zeddicus, I just looked at your signature link. I looked for a thread with the whole story but couldn't find it… wow. Anywhere I can read what happened?
  9. Original thread was https://netrider.net.au/forums/showthread.php?t=90385&page=2

    Some updates in https://netrider.net.au/forums/showthread.php?t=101111

    The injury list is missing a few things which have become apparent since I wrote those posts. The percentage figures at the end of the 1st post are also too high.