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$XY compensation for whiplash after a no-fault car accident in Perth.
Lawyers win $XY for a 29-year-old man who suffered shoulder and neck pain after a motor vehicle accident.
The plaintiff was driving near Fremantle and was stationary waiting for the car in front to turn right when the car behind failed to break in time crashing into the back of him.
The plaintiff sought medical attention the following day after experiencing severe shoulder and neck pain and was prescribed painkillers and advised to rest.
Follow Up Treatment
In the weeks following the accident, the plaintiff attended physiotherapy three times a week to help regain movement in the neck. This was then decreased to twice a week.
The plaintiff was able to return to his job as a customer service advisor after two weeks. However, prior to the accident, the plaintiff attended the gm quite regularly and was an avid weightlifter. Unfortunately, due to the pain he now experiences in his shoulder and neck he is unable to lift the weights he previously could with ease. The injury is expected to improve over time and the plaintiff should within 2 years be able to return to the same level of fitness he was previously at.
Final Compensation Settlement
The case in question was settled out of court by his lawyers and it was ruled that the plaintiff was entitled to $XY in compensation. They decided that although the plaintiff was able to return to work within a reasonable time period, his livelihood had been affected as a result of the accident and there was no way of knowing when he would fully recover.
It was determined that the other driver was at fault because the plaintiff was stationary at the time of the accident meaning he initially had to slow down. This should have given the driver of the other vehicle enough time to reduce their speed in time.