Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 18 February 2017.
Michael, aged 57, unfortunately has an accident when visiting his friend, Robert on the weekend.
It was raining on the day and the injury occured when Michael was walking up the outside stairs onto Robert’s verandah.
Unfortunately, Robert had spilt some oil on the stairs and was going to clean it up the day before the accident but did not get around to doing so.
Michael slipped on the stairs and fell down, severely injuring his right knee.
As a result of the injury, Michael receives a total knee replacement which prevents him from returning to his employment, as a roofing contractor.
Michael co
nsults a solicitor and is advised that he has a claim against Robert for damages relating to Robert’s negligence and that if he is not able to settle the claim, he will need to issue Court proceedings within three years of the accident.
When Michael’s injury stabilises (reaches the maximum level of improvement) Michael’s solicitor obtains a medical report prepared for his claim.
The calculation of damages is very complex and involves the interpretation of Tables under the Civil Liabilities Act and use of Tables prepared by actuaries.
The damages that Michael is entitled to include damages for non-economic loss, which is pain and suffering and loss of enjoyment of life, medical expenses for the past and the future, domestic assistance in the past and the future and economic loss in the past and in the future.
Michael is worried about suing his friend, but fortunately, his solicitor is able to negotiate a settlement of his claim for damages against the insurance company, who was Robert’s home insurer.
Michael ultimately receives damages amounting to $425,000 including his legal costs.
If you would like Manny to address a particular legal issue, send your request to manny.wood@ticliblaxland.com.au or call him on (02) 6648 7487.
