Maximise you TAC Claim with Slater and Gordon
*Names have been changed in order to protect the anonymity of our clients.
John* was hit by a car when he was a pedestrian, however he had no memory of the accident, and there appeared to be no witnesses.
Eventually found by a passer-by, John was taken to hospital by ambulance but his accident remained a mystery. The ambulance officer and the hospital were unsure if John had been hit by a car, or whether his injuries had occurred following an assault.
The TAC denied John’s claim as it was not satisfied that John had been involved in a transport accident. Slater and Gordon obtained medical evidence which showed that John’s injuries were consistent with a car accident rather than an assault. Slater and Gordon disputed the TAC’s decision and successfully convinced the TAC to accept John’s claim. As a result, John was provided with medical benefits, loss of earnings benefits and a lump sum payment for his permanent impairment.
Valianos v TAC
Mr Valianos was an elderly gentleman who was struck by a tram in 2008. He suffered major head injuries. In treating these injuries the hospital noticed that his heart was failing.
The TAC denied liability for Ms Valianos’ heart condition because he had a history of similar heart problems. Slater and Gordon obtained medical evidence from a cardiologist which showed that Mr Valianos’ heart condition had been aggravated by the accident.
Slater and Gordon challenged the TAC’s decision, and represented Mr Valianos at a hearing in the Victorian Civil and Administrative Tribunal. The Tribunal agreed with Slater and Gordon’s evidence, and accepted that Mr Valianos’ heart problem had been made worse by the accident. Because of the decision, Mr Valianos was entitled to receive TAC funded treatment for the worsening of his heart condition.
Bob* sustained broken bones in his right arm in a head-on collision between two cars.
Before the accident, Bob used to heat his home by using a wood fire and, with a permit, chopping wood. The injuries to his arm meant that this was no longer possible.
The TAC made a decision not to pay for replacement firewood for Bob, because this was not considered a medical or rehabilitation expense. Slater and Gordon disputed the TAC’s decision, and convinced the TAC to revoke its decision and contribute toward the additional costs of purchased firewood.
Kutz v TAC
Ms Kutz suffered serious physical injuries and considerable trauma because of a car accident in 2005.
Slater and Gordon negotiated the settlement of her claim for Common Law damages in 2008. Following the settlement the TAC were required to continue to fund household and gardening help for Sandra.
However, due to changes in the law, the TAC ceased funding for home services at the 5 year anniversary of the accident.
Slater and Gordon pursued the matter on behalf of Sandra at the Victorian Civil and Administrative Tribunal. The Tribunal decided that Ms Kutz should be entitled to continuing home services to be paid by the TAC.
Slater and Gordon continue to fight on Ms Kutz’s behalf following an appeal of the decision by the TAC.
Yanda* was an international student when he was knocked off his motorbike after a driver failed to give way.
As a result of the accident Yanda sustained multiple fractures and scarring to his right arm.
Medical expenses and loss of earnings benefits were paid by the TAC. Slater and Gordon negotiated a Common Law damages settlement of $200,000. As with all Common Law settlements, the TAC was required to continue to pay for Yanda’s accident related medical treatment.
Peter* was left with serious physical injuries - including brain injuries - when he was hit by a car when walking across a Melbourne CBD intersection.
The Police investigated the accident circumstances and believed that the car that hit Peter was travelling at approximately 30 to 40km an hour, and that Peter was at fault in the accident.
Slater and Gordon ordered an assessment and report from a specialist engineer to establish the likely speed of the car.
The engineer recreated the scene of the accident, and concluded that the speed of the car at the time of the accident was more than 50km per hour. The engineer also found that if the vehicle had been travelling at or below the speed limit of 40km per hour, Peter’s injuries would have been less severe and the accident may have been avoided altogether.
Slater and Gordon negotiated with the TAC to obtain $50,000 for Peter’s pain and suffering.
Jeremy* was 17 years old injured when he was a pedestrian who was deliberately run over in a bullying incident.
As a result of the accident he suffered a fractured leg. In addition to helping him to secure his TAC entitlements, Slater and Gordon also assisted him to make a Victims of Crime Assistance application, for which he was awarded $10,000 in special financial assistance, and payment for counseling and driving lessons.
John* and Susan* suffered psychological injury when a runaway truck crashed into their bedroom while they were sleeping.
The traumatic nature of the incident meant that Susan was unable to return to sleep in her bedroom, and John experienced anxiety which affected his work.
At first the TAC refused to admit that they had suffered serious psychological injuries. At a conference 6 weeks prior to a court hearing the TAC admitted that John and Susan had sustained a serious injury, and paid them over $200,000 each in compensation for pain and suffering as well as economic loss.
Karen* was a 40 year old police officer who was injured when she was the driver of a car which was hit by a drunk driver.
Because of the accident she sustained a fracture in her spine which prevented her from making a full return to work. Slater and Gordon negotiated a settlement of her claim for economic loss, pain and suffering for over $320,000.
Kathryn was involved in an accident which resulted in her having a frozen shoulder.
Following the accident the TAC incorrectly assessed her loss of earning capacity so that she was being paid $90 per week for lost wages as a result of the accident.
Slater and Gordon challenged the TAC’s decision, and successfully argued that her entitlement to lost earning capacity was actually $420 per week. Kathryn was repaid over $25,000 in unpaid entitlements, and was thrilled with the result.
Motorbike rider wins right to compensation
A 66-year-old man has won the right to claim compensation after suffering a brain injury when he was hit by an unsecured load that fell off from a utility vehicle in front of him while riding his motorbike.
Accredited personal injury law specialist Stuart Le Grand of Slater and Gordon, said he was initially difficult to convince the Transport Accident Commission (TAC) that he suffered a serious brain injury in the accident and was therefore entitled to compensation.
In February 2011, the County Court of Victoria accepted Mr Anthony Webb's claim, and he could now pursue compensation for his injuries.