PTSD victim secures $250,000.00 in settlement from major insurer for TPD

Published 06 Jan 2016

Our client is a resident of Strathfield who worked as a bouncer at a major Sydney club.  He he was self-employed and running his own business, being contracted as a bouncer.

As he was running his own business he had taken a standalone insurance policy for total and permanent disablement (TPD) and Income Protection under the advice of his financial advisor. This was to ensure his financial security should he become unable to work. 

Our client on or around 2009, as he was undertaking his bouncer duties he was assaulted by unknown assailants. This incident caused him significant psychological trauma including PTSD. This trauma prevented him from returning to work as a bouncer and suffered great anxiety and fear for his safety. 

Despite having undergone significant treatment, our client had not recovered sufficiently to return to work and his self-operated business ceased operations soon after.  Consequently, our client found himself in poor financial straits and had to move to the country and selling his Sydney property.  He had attempted to make a claim upon his TPD policy but was rebuffed by his insurer as they alleged that he would be able to recover. 

While the medical evidence, especially the treating evidence did not support this allegation, the insurer nonetheless acquired medical experts who downplayed the severity of our client’s physical and mainly psychological injuries.

Our client approached Gerard Malouf & Partners for advice in relation to the TPD claim.  Our solicitors, upon receiving instructions, acted quickly and commenced proceedings at the Supreme Court of New South Wales. The insurer retained the legal services of a major Australian law firm to fight the claim.

They attempting to use procedural issues to defeat the claim prior to the hearing, raising many interrogatory issues. Our solicitors was able to successfully quash these and this convinced the insurer and their lawyers to negotiate settlement of the claim. 

This claim was subsequently settled and resolved for a quarter of million dollars which represented a generous percentage of the insurance coverage. Our client was greatly relieved at the result as he was also very aware of the risks. This outcome was able to provide him with significant financial relief and finality to his claim within six (6) months.  He is greatly happy with the services of Gerard Malouf & Partners. 

If you are experiencing difficulty in your total and permanent disablement claim or other private insurance claims due to the insurers refusal to make a determination please contact Gerard Malouf & Partners. 

At our firm, our lawyers have expertise that in total permanent disablement claims and other insurances including income protection who will be happy to assist you in your insurance claim. Please allow Gerard Malouf & Partners to assist you to achieve an outcome in your claim.

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