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Case Study - Motor Vehicle Accident / Tetraplegic & Brain Damage
Anthony sustained catastrophic injuries arising from a motor vehicle accident. As a result of the injuries, Anthony was left a tetraplegic with significant brain damage.
Following Anthony’s discharge from the then Royal Ryde Rehabilitation Centre, he was transferred to a group home residence in Adelaide. For the majority of the claim, Anthony was resident outside New South Wales.
The claims management process involved liaising with the Brain Injury Co-ordination Service located in Adelaide, the management of Leveda Incorporated where Anthony was a resident and communication with Anthony’s mother. The claims management process involved briefing of relevant experts in Adelaide as well as retaining Associate Professor John Yeo and Ms Sue Lukersmith to travel to Adelaide to assess Anthony.
The firm’s commitment to our client is evidenced by our attending to payment of the costs for accommodation and travel in requesting the medico-legal consultants to travel to Adelaide.
A dispute arose by reason of the CTP insurer denying payment of the speech pathology services to Anthony on the basis continuation of the speech pathology at the frequency recommended by his speech pathologist was neither reasonable nor necessary. This unilateral decision was based upon the advice of an occupational therapist despite the insurer holding a medico-legal report from a speech pathologist which was never produced.
To promote Anthony’s continuing rehabilitation, the firm agreed with the speech pathologist to guarantee the funding so these services could continue to be provided to Anthony. This commitment was maintained over a twenty month period whilst the dispute was being arbitrated at the Motor Accidents Assessment Service.
Our commitment to our client is well demonstrated by the fact we paid over $15,000.00 in funds to service providers so Anthony’s treatment and rehabilitation could be promoted. This was with the understanding of the Office of the Protective Commissioner that such funds would be reimbursed at the completion of the claim. The agreement provided there was to be no interest charged by the firm which we were more than happy to agree to.
The management of Anthony’s claim also involved a significant issue as to the life span which Anthony is now expected to live. This was a matter of substantial difference in the medical opinions.
Commitment to resolution of the matter was evidenced by a number of settlement conferences involving the relevant stakeholders to bring about resolution of the claim.
This process commenced six months before the appointed trial date and successfully concluded three weeks before the allocated trial date in the Supreme Court of New South Wales. The trial was scheduled for a minimum period of ten days.
Anthony’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.