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Case Study - Motor Vehicle Accident / Life Expectancy

Corey was aged twenty-two months at the time he was involved in a motor vehicle accident which brought about the death of his mother and caused serious injury to his cousin. 

Corey sustained a severe brain injury and spinal cord injury. 

Following Andrew’s transfer to private practice after being employed with the South Coast Aboriginal Legal Service, Corey’s father continued to instruct our firm.

The matter was litigated in the Supreme Court of New South Wales and referred to Arbitration. 

The insurer lodged an application for rehearing following the Arbitrator’s Award.  The matter proceeded to hearing in the Supreme Court over eight days resulting in a verdict slightly below $3,500,000.00. 

Andrew Bell was able to manage the claim on behalf of Corey’s father whilst he was living on the South Coast of New South Wales and, in the later years of the claim, the far North Coast of New South Wales.  Andrew attended at their home on a number of occasions.

This case involved a unique and culturally sensitive issue concerning assessment of life expectancy and whether this was to be measured by the Aboriginal mortality rates or the life expectancy tables issued by the Australian Bureau of Statistics for all Australian males.

Corey’s financial management was under the NSW Public Trustee in consultation and conjunction with the Office of the Protective Commissioner. 

Advice and recommendations were made to the Legal Branch of the Office of the Protective Commissioner and instructions were received from the Case Manager in relation to all aspects of the management of the claim, in particular settlement.

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