Case Study Review of Non-Economic Loss (NEL) Motor Accident Act
by Newport Law
Rossana Court, partner at Newport Law reviews a recent case studies involving Motor Vehicle Accidents.
Case Study 1
53 year old travelling as a passenger in a 4.5 tonne truck that crashed into another vehicle travelling in the opposite direction which collided with the claimant’s side of the truck.
- Claimant trapped in vehicle, freed and airlifted to hospital with:
- fractured wrist,
- comminuted fracture of the left femur requiring open reduction and internal fixation,
- open comminuted fracture of the right kneecap which healed with ligament damage and
restricted movement, - laceration to right calf,
- degloving injury to the left foot,
- loss of consciousness from a head injury,
- back injury
- psychological disturbance; and
- soft tissue injuries
- Claimant required:
- total right knee replacement,
- 4 operations on his left femur,
- 3 operations on his left foot with further surgery in the future.
MAA Claims Assessor took into account:
- constant pain in a variety of different parts of the body
- significant lack of function and mobility due to right knee replacement
- injuries to left femur
- 10 operations on his femur, foot and knee and requirement to undergo another total knee replacement later in life.
MAA Claims Assessor also took into account:
- claimant very active before injuries, participating in hunting, soccer and handiwork on his property,
- that he cannot do any of these activities,
- that he suffered from an adjustment disorder which has also led him to withdraw from social life.
- the prospect of recovering any real functionality was assessed as being severely limited
Date of Assessment: 25 November 2011
Non Economic Loss assessed as $300,000
Case Study 2
- Claimant 34 years when accident occurred.
- Claimant working as a mechanic when a customer verbally abused him and then drove his car towards him.
- Car hit claimant and fell injuring:
- Shoulder
- neck injury
- knee
- post traumatic stress disorder and depression
- Claimant taken to hospital and 1 week off work.
- Claimant’s condition deteriorated and he eventually resigned.
- Underwent physiotherapy and shoulder surgery.
- Required anti depression medication.
MAA Claims Assessor took account:
- Frustration of the claimant in being unable to work as a mechanic
- The breakdown in his family relationships following the accident
- Claimant’s subsequent decline in mental health
- Claimant had previously enjoyed horse riding, motorbike riding and playing with his children
- Claimant now unable to do any of these things
- Claimant had become a “recluse” spending much time isolated in his shed.
Date of Assessment: 22 June 2011
Non Economic Loss assessed at $180,000
Case Study 3
- Claimant was 18 years old at time of accident
- Claimant travelling home from a school ski trip when bus he was in crashed.
- Claimant thrown about hitting his head.
- Taken to hospital and required to wear a three point crash brace for three months.
- Claimant suffered injuries:
- Fractures to T11 and T12 vertebrae superior end plates
- Crush fracture to L1 vertebra
- Claimant required:
- physiotherapy sessions,
- home exercises
- pain medication.
- Claimant advised that he would likely experience:
- accelerated degenerative changes in his back over the long term
MAA Claims Assessor considered:
- age of the claimant
- commitment he had demonstrated recovering from his injuries
- that he had been hampered by a constant dull pain when standing or sitting
- frustration and anger by being unable to do activities and sports that young men his own age do
- having to modify and temper his everyday activities
- he missed out on some opportunities in his last year of school and potentially a career in the defence force.
- he had made attempts to continue a normal post-accident life but hampered by ‘flare ups’ to his back pain.
Date of Assessment: 21 November 2011
Non Economic Loss assessed at $250,000
*Source: MAA BULLETIN March 2012 Vol 12, No 1
If you would like to be better informed about an accident related to a motor vehicl, contact Rossana Court at Newport Law (02) 9997 5142 or view other Newport Law related Articles.