Neck Injury claim for TPD settled out of court by GMP for $100,000

Published 05 May 2016

Our client is a resident of Blacktown who worked as a labourer in construction for many years.

He was injured at work when plies of wood fell from a truck and landed on his back. This caused him significant injury to his neck and arms, and he had significant loss of strength and movement. He was diagnosed with Arthritic degeneration and nerve impingement of the spine.

Our client had initially retained GMP for conduct of his workers compensation claim, and had decided to run his TPD claim himself. The TPD claim was rejected as the insurer had formed the opinion on that our client was not ill to the extent of never able to return to work. After the successful completion of the workers compensation claim our client had sought our advice as to the TPD.

Our lawyers quickly advised him to proceed to the Supreme Court and drew his attention to the six (6) year limitation period and acted quickly to commence proceedings at the Supreme Court of NSW. We had prepared his case to reflect the realistic difficulties of him returning to work, particularly in consideration of his injuries, history of working as a labourer, and his age.

While the Insurer and their lawyers had initially contested the claim, as the matter drew close to a hearing, they offered $100,000.00 to settle the claim which represented a significant amount of the policy. The matter was settled 4 days prior to hearing.

Our client was greatly relieved at the result and is very satisfied that our firm was able to achieve him a resolution of his claim. He is greatly happy with the services of Gerard Malouf & Partners.

TPD claims and other private insurance policies, such as Income Protection, are often complex and highly contested claims which are usually heard at the Supreme Court. Superannuation Funds would often give an impression as to the ease of making a claim, without noting that these claims are often contested and requires significant legal expertise.

Our lawyers have experience conducting many successful TPD claims and are happy to assist you. Please allow Gerard Malouf & Partners to assist you to achieve an outcome in your claim.


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