A woman has received more than $500,000 in damages after a car rear-ended her stationary vehicle and caused further pain to her pre-existing chronic condition.
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In October 2017, Kelly Maher was stationary at a set of traffic lights in the ACT when a car hit from behind at about 30 kilometres per hour.
The insurer for Juanita Russell, NRMA Insurance, accepted liability; however, issues arose between the two parties about the amount to be paid for the damages.
Ms Maher submitted an appropriate amount would be about $1 million while Ms Russell argued $200,000 would be more appropriate.
In a judgment released on Wednesday and decided on October 28, ACT Supreme Court Justice Chrissa Loukas-Karlsson awarded the plaintiff about $510,000 in damages.
Prior to the accident, Ms Maher suffered from fibromyalgia, a chronic condition that causes generalised pain and muscle stiffness throughout the body.
The car accident worsened Ms Maher's condition as she "continued to suffer ongoing pain in her neck and back" and repeated "flare ups" of her fibromyalgia.
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Additionally the accident contributed to poor mental health conditions.
Of the total sum in damages, $175,000 was referable to future economic loss and $120,000 in general damages.
While the defendants argued the plaintiff did not require surgery and the amount for general damages was high, the court found the plaintiff would suffer lasting physical and psychological injuries.
The court also noted it "was not clear" the plaintiff would ever be able to return to full time work due to their injuries and need to attend medical appointments.
An additional $80,000 was awarded for future domestic assistance in relation to the care and assistance the plaintiff would likely require and a buffer of $35,000 was awarded for past economic loss.
Another buffer was awarded by the court for future medical expenses amounting to $40,699 which included money to cover a specialist pain management program. There was also a percentage for loss of super awarded to the plaintiff.
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Olivia Ireland
Olivia is a reporter for the Canberra Times. She has covered federal politics and public sector, court and crime, local news, arts, education and business. Olivia started as an intern in August 2021 and began her career with the Times after completing her studies in November 2021.
Olivia is a reporter for the Canberra Times. She has covered federal politics and public sector, court and crime, local news, arts, education and business. Olivia started as an intern in August 2021 and began her career with the Times after completing her studies in November 2021.
