Public Liability Payout Case Studies

Our elderly client sustained back and hip injuries in an incident where they tripped and fell at a large retail store. Our client's injuries were assessed by the Medical Panel as not meeting the threshold required to claim pain and suffering damages under the Wrongs Act. This decision was appealed to the Supreme Court, and we were successful in overturning the Medical Panel decision, paving the way for the resolution of the claim for pain and suffering damages.

Our client was exposed to asbestos in the course of their employment as a Cleaner in the late 1970's. They developed lung that we are able to link back to that exposure. Supreme Court proceedings were issued in the expedited list, and a very good result was able to be obtained for our client at a pre-hearing conference without having to proceed to litigation.

Our client's right wrist injury did not satisfy the threshold to claim pain and suffering damages. However, we were able to persist and obtain a settlement for special damages only via informal negotiations with the defendant.

Our client sustained a left foot injury in an incident where they stepped on a pit lid and it flipped, causing them to fall into the pit. Multi-defendant matter where liability was hard fought. The matter was able to be resolved at mediation.

Our client sustained injuries in an incident where their left hand became caught in machinery in the course of their work as a contractor on a farm. They were not covered by workcover as they ran their own business as a sole trader. We were able to obtain a very good result for our client by pursuing the operator of the farm directly. There were contributory negligence issues in play, but the matter was able to be resolved at mediation.

In 2016, our client in WA slipped and fell down a staircase while helping to set up their daughter's wedding. Their foot caught as they fell, causing severe pain, and they were found to have a severe fracture dislocation of their right ankle. With a long and painful recovery that required multiple surgeries and on-going therapies, and after missing out on the most important day of their daughter's life, LHD Lawyers negotiated a Public Liability settlement of $225,000.

Our client, a maritime oil platform worker, suffered brain injuries when there was a malfunction in his breathing and compression equipment. After a long, protracted battle in which matters of a high technical difficulty were litigated, LHD Lawyers secured a settlement for our client in excess of $2,000,000.

Our client was only 11 years old when they sustained an injury to their eye while on a play date at a friend's house. The injury eventually required many surgeries with them ultimately losing most of the sight in that eye. Client was reluctant to pursue a claim against their friend's parents and their young age meant that they needed to be protected from the stresses and strains of litigation. The matter ultimately settled for over $400,000.

Our client, a farm worker, was working on a farm tractor when a coworker started the tractor while it was in gear, causing it to drive onto our client. Our client suffered significant injuries to their pelvis and legs. Largely due to LHD Lawyers being able to secure entitlements for medical treatment and wages, client made a good recovery and the client received a settlement which meant that they received in excess of $750,000 in entitlements and lump sum settlement.

Our client, a machine operator, sustained an injury to their hip when they slipped and fell while visiting a hospital. They had previously had a hip replacement and the defendant argued that their new symptoms were not related to the fall. LHD Lawyers settled their claim for $140,000.

Our client was receiving a therapeutic massage with acupuncture. The massage therapist inserted an acupuncture needle too deeply, puncturing our client's lung. Thanks to swift medical treatment, our client managed to make a very good recovery from what was an extremely traumatic situation. LHD Lawyers secured a $55,000.00 settlement.

Our client was employed as a truck driver. A demountable building was being loaded onto their truck by a crane. As they were standing near the truck an employee was operating a cherry picker, did not see our client and ran over our client's foot. They sustained fractures to the right foot and right ankle and was diagnosed with psychological sequalae. They underwent a number of surgeries and extensive psychological treatment in hospital. LHD Lawyers secured the client a payout of $725,000.00 in addition to workers compensation payments made for future lost wages, pain and suffering, medical expenses and domestic assistance.

Our client was employed as an industrial cleaner through a labour hire company. Our client was using a high-water pressure house to clean an area in an abattoir, as he had done so on many prior occasions. Whilst our client was water hosing, they received a severe electric shock that caused them to lose consciousness and suffer serious subsequent physical and psychiatric injuries. LHD conducted thorough enquiries and obtained independent medical reports from specialist doctors together with reports from an expert on liability. LHD Lawyers participated in a mediation in which were able to negotiate towards a successful outcome for our client of $1,250,000.00.

Our client was helping a friend clean out the gutters of the friend's home. Our client fell from the roof injuring their shoulder. Our client was reluctant to sue a friend, but LHD Lawyers managed to negotiate a reasonable settlement with the friend's insurance company in a non-confrontational professional manner. LHD Lawyers secured a $48,000.00 settlement for our injured client (and the friendship survived).

Our client slipped and hurt themself as they entered their favourite take-away store. The store had been in the process of cleaning the floor and had considered it sufficient to just place one "slippery floor" sign in a remote corner of the store. Our client made a good recovery and LHD Lawyers negotiated and settled the matter informally, recovering $48,000.00 from the other side.

Our client was sent on a schoolwork placement. They were required to work at heights without proper training or equipment. Their foot got caught on roof sheets and they fell to the ground, hurting their back and breaking teeth. The school initially attempted to have the matter resolved by saying that its policy of insurance only covered non-Medicare treatment expenses. Our client had already been told by another lawyer that they didn't have a claim as they were not a worker, and the school was limited in its exposure. LHD Lawyer sued a number of parties and managed to secure compensation for our client which enabled them to have extensive dental work and regain their self-confidence.

Our client was a security guard in a workers' village on a FIFO mine site. Patrons at a wet mess were overserved alcohol and became drunk and disorderly. When our client tried to control one particularly inebriated patron, the patron grabbed them in a bear hug, injuring their shoulders. Our client was initially very traumatised by the events and was reluctant to face what they thought would be stressful and confrontational court proceedings. LHD Lawyers worked closely with client and ensured that they were well insulated from the rigours of litigation, securing a substantial settlement.

Our client was employed as a scaffolder and was directed and required to unload and carry metal scaffolding equipment over ground which was muddy and icy during the course of their employment when they slipped, causing them to suffer an injury to their back. Thereafter, our client was able to return to work but unfortunately suffered a further injury approximately one year later to the same body part. As a result of the second accident, our client was unable to return to their pre-accident employment as a scaffolder. LHD conducted thorough enquiries and obtained independent medical reports from specialist doctors together with a report from an expert on liability resulting in a successful outcome.

Our client was working as a casual track rider for a trainer who was engaged in training and racing thoroughbred horses. Our client was riding a horse being trained by the trainer on a synthetic track alongside another track work rider. Whilst riding the horse at a gallop around a bend to the right, the horse being ridden by the other track work rider suddenly shifted ground and moved less than two lengths in front of the horse being ridden by our client. As a result of this, our client’s horse fell and dislodged them, causing them to suffer serious injuries and disabilities. LHD Lawyers participated in a mediation in which were able to negotiate towards a successful outcome for our client.

Our client was employed as a permanent part-time supervisor. On the date of the accident, our client was helping a co-worker unjam the tines in a jammed forklift by striking the lifting arm of the forklift with a hammer to try and dislodge the hydraulic connection that was struck. After a few attempts of our client hitting the lifting arm of the forklift, it collapsed and crushed their left leg. Our client suffered serious injuries to their left leg and consequential injuries to their right leg, right ankle and back. Our client did not return to work following the accident. LHD Lawyers were able to negotiate towards a successful outcome for our client.

Our client was a regular at their local gym when they were performing an exercise on one of the machines when the device, they were standing on flipped causing our client to sustain serious facial injuries. The machine carrying weighs fell, forcing and trapping their head and face area. The client underwent a number of surgeries and extensive treatment in hospital. LHD lawyers secured the client a payout of $360,000.00 for wage loss both past and future, pain and suffering and medical expenses.

Our client was at a theme park and paid to go on one of the rollercoaster rides. During the ride, the carriage they were sitting in suddenly stopped. At this time, the carriage travelling behind failed to stop and collided with the back of the carriage they were sitting in. The Client sustained a whiplash injury to the neck and psychological injury. Fortunately, the client was able to return to work and their university studies. LHD successfully reached a settlement for the client in the amount of $75,000.00.

Our client was a back seat passenger in a vehicle being driven by their friend down a road on a raining night. The driver was speeding a lost control of the car causing the vehicle to spin and collide with a guard rail. Our client suffered an adjustment order and injury to their sternum. Our client received $120,000.00 in compensation.

Our client was a pedestrian who attended a farmers' market. They tripped on a raised fire hydrant cover in the street, which had been recently repaired by a local Counsel, with insufficient notice of trip hazards. They suffered a fracture of their foot and soft tissue injuries to their shoulder. LHD Lawyers settled the matter and our client received $196,000.00