Public Liability – How knowing and using the right experts can make all the difference

Oscar was a concrete tip man working on a highway project in rural NSW. On one particular day, Oscar unlatched three of the four hinges on a truck, when, due to one faulty hinge, the tray on the truck swung open and hit Oscar’s elbow forcefully, before he was able to move out of the way. The wet concrete that the truck was carrying meant that the tray that hit Oscar’s elbow was very heavy!

Oscar sustained a severe elbow injury which led to a diagnosis of complex regional pain syndrome, resulting in two surgeries and months of rehabilitation. Oscar was now not only suffering from physical injuries, but psychological ones too. This is when Oscar came to see us.

What we did next….

We engaged a leading automotive engineer, who was able to tell from the photographs of the truck that the hinge had been replaced and was not suitable for the weight of the load that the truck was carrying. We then subpoenaed the documents of the truck and found records that this truck had many defects prior to Oscar’s accident. We then engaged leading medical experts, including a pain specialist who confirmed that Oscar had damaged the nerves in his elbow and that his injury would mean he probably will never work again.

Eventually, we progressed Oscar’s case to a mediation and with the assistance of a senior barrister, we were able to secure a settlement of $1,200,000.