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A 66-year-old Shepparton 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.
Anthony Webb suffered bruising to his brain and a host of other injuries, including fractured ribs and a broken collarbone, as he was taking a country ride through Shepparton during October 2007.
Mr Webb's lawyer, accredited personal injury law specialist Stuart Le Grand of Slater and Gordon, said Mr Webb was initially unable to convince the Transport Accident Commission (TAC) that he suffered a serious brain injury in the accident and was therefore entitled to compensation.
Mr Le Grand said last week, the County Court of Victoria accepted Mr Webb’s claim, and he could now pursue compensation for his injuries.
"It’s a terrific result that Anthony can now make a claim for compensation that will hopefully give him some comfort as he moves forward with his life,” Mr Le Grand said.
His Honour Judge Saccardo, in the County Court of Victoria, agreed that Anthony did suffer a ‘serious’ brain injury, and that injury limited Anthony's ability to enjoy his previously-enjoyed pastimes such as camping and fishing. His Honour said the injury effectively prevented Mr Webb “to a very significant degree from engaging in the broad range of activity which formed the basis of his hobbies and pastimes”, and that the injury had “a very significant deleterious effect upon his lifestyle”.
Mr Webb said his life had been “turned upside down” following the accident.
“This accident had a huge impact on my life. I now suffer mood swings, and am extremely forgetful. My wife even says I’m not the same person since the accident. I now need to write everything down in diaries, I often forget to lock the door or turn the gas off, and I often forget where I’ve parked my car,” he said.
“I now hope to be able to make a claim for compensation that can help with my rehabilitation.”