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Case Study - Claim dispute for future economic loss

GT was a 56 year old public servant who suffered a serious injury to her right knee whilst a passenger in a motor vehicle collision during work hours.

GT was unable to return to work following the accident and ultimately required knee replacement surgery and then revision surgery because of post-surgical complications.

GT was coincidentally diagnosed with Parkinson’s disease which the insurer alleged would have impacted on her ability to perform her pre-injury duties and thus affected her claim for future economic loss.

There was also an issue raised by the Defendant because of GT’s age and the existence of pre-injury knee pathology. It was alleged she would have required a total knee replacement in the short term in any event, irrespective of the accident.

We were able to source expert neurological and orthopaedic medical opinions to address both issues in the case and thereby reducing to a minimum the compromise required by GT to settle her claim.

We were able to achieve an early settlement of GT’s claim with a very good outcome for her, thereby relieving her family’s financial hardship and also keeping legal costs to a minimum by avoiding a potentially lengthy trial.

The case required an analysis and understanding of the potential impact of an unrelated condition affecting mental functioning and to address that issue with appropriate medical evidence so as to maximise GT’s entitlement to compensation for future economic loss.

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