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Case Study - Motor Accident Brain Injury and a DUI Accident

JG was a 19 year old male living on the North Coast of New South Wales who suffered a traumatic brain injury in a motor vehicle accident.

At the time he was a rear seat passenger in an open top four-wheel-drive vehicle which rolled resulting in JG being thrown from the vehicle.

It was alleged that the driver of the vehicle was under the influence of alcohol and that the driver’s level of intoxication was known to JG.

JG had no recollection of the accident or the events leading up to it as a result of his brain injury.

The case was prepared and presented with the assistance of JG’s wife and mother-in-law on the basis that JG was suffering from mild to moderate brain damage.

It was necessary to have a full understanding of the issues and to apply the Motor Accident Brain Injury protocols for assessment.

It was also necessary to source appropriate experts for assessments and to ensure JG was fully conversant with those procedures and protocols.

We were able to address all relevant legal issues affecting the value of JG’s claim resulting in a most satisfactory resolution prior to trial.

This allowed JG access to his compensation monies at an early stage so that he could access necessary training and rehabilitation to assist in his future employment opportunities.

An early resolution also resulted in significantly reducing legal costs to what they would have been had the matter proceeded to trial which had been listed for five days plus.

Acting for JG required knowledge of the issues involved when dealing with clients with an acquired brain injury and being able to identify and refer the client to appropriate medical experts to provide reports with regard to the relevant issues.

It was also necessary to confirm JG’s understanding comprehensively both in writing and with the assistance of his wife and mother-in-law at all stages of preparation.

Notwithstanding JG’s condition, he had a very supportive family network which enabled him to fully understand the issues involved in his case and the acceptance of advice on those issues to enable settlement of the claim.

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