Record Breaking Wheelchair Compensation Win

A Brisbane man who became wheelchair-bound after a car accident left him with severe brain injuries has been awarded a record $20.5 million in compensation.

Chrys Barker, aged 28, and his cousin, Bobby Hobbs, aged 20, were hit by a drunk driver in Caboolture near Brisbane in January 2014. Mr Hobbs was killed instantly in the collision while Mr Barker was flown by helicopter to a hospital. He suffered such serious brain damage that he can no longer speak and is in a wheelchair for life. While he can understand conversations, he can only communicate through eye movements.

The drunk driver was a former Navy man, Craig Edward Jones. At the time of the incident, the investigators estimated that Jones’ blood-alcohol reading was between 0.256 – 0.32%. He lost control of his vehicle and spun out into 3 cars. The people in the third vehicle suffered only minor injuries.

At the time of the incident, Jones was under a probationary driver’s license which required him to have an ‘alcohol ignition interlock’ fitted which would prevent the car from starting unless he had a zero blood alcohol reading. This device was not fitted at the time of the incident. Jones had 3 previous drink driving convictions. He was disqualified from driving for life and was sentenced to 8 years in prison in 2015.

A third-party personal injury insurer accepted full liability. The insurer originally suggested that Mr Barker should live in a care home for the rest of his life, which would cost $3 million. However, a neurosurgeon recommended that he would have a better chance at rehabilitation if he was cared for at home. Mr Barker’s family wished to bring him home, and the insurance company agreed to pay for the adaptations needed to move Mr Barker to the family home in Donnybrook.

The $20.5 million compensation figure, however, has taken 4 years to be settled upon as Chrys’ health needed to stabilise before the figure could be agreed upon. Queensland Supreme Court sanctioned the compensation earlier this year.

An independent trustee company will invest and manage the compensation to ensure Chrys has the care he needs for the rest of his life. The money received from the pay-out will be used to pay for Mr Barker’s rehabilitation, increased insurance, care costs, and home modification costs.

Mr Barker’s mother, Betty Barker, said: ‘To know that the funds are there now for Chrys to be looked after for the rest of his life… it’s just a relief.’

‘Every doorway had to be widened for a wheelchair. Chrys is a big strong boy, he’s in a good-sized wheelchair, and most average doorways are too small for Chrys.’

The insurance company’s head of communications, Paul Turner, said: ‘It has really set the boundaries for future settlements of this size, and a lot of that is based on Chrys’ age and the severity of his injuries. This was a really complex case medically, and we had to ensure that Chrys was covered for life and we got the best cover possible.’

If you have would like to discuss a similar accident or have been affected by this story, then it is in your best interest to get in contact with us at The Compensation Experts where we can discuss your legal issue and help you to make a claim.

Whiplash: What Are My Rights?

Whiplash is an apparently minor injury sustained in the event of a car accident or collision that throws your spine, neck and head quickly forward and backwards. It’s a painful and inconvenient injury to suffer, and in many cases, it’s the fault of another party who’s collided with your vehicle from behind. If this is the case, it’s best that you’re made aware of your rights so that you can plan for compensation for what is a troubling and disruptive injury. This article looks at those rights, and how you can work towards a claim that’ll grant you compensation for your injury.

Was Another Party Involved?

The first question you have to ask in the event of sustaining a whiplash injury is: is someone else to blame? That could be the person you collided with, or who collided with you. It could be the person who walked in front of your car, forcing you to perform an emergency stop. Or it could be the driver with their lights on full beam who dazzled you while you were driving.

Think through if there’s anyone who might be liable in the event of your whiplash injury. If you are yourself at fault, and you accept 100% responsibility, then you won’t have the right to make a claim. But in many cases, it’s difficult to assign 100% responsibility to one party in a multi-party injury scenario, so for those others involved, you may well be able to assign liability. So, ask yourself: how much can I claim for whiplash injury?

Personal Whiplash Injury Rights

So, as you’ve established that there are other people or another person partially or fully liable for the injury you suffered in your vehicle, it’s time to talk through your rights. If you find you have whiplash (this often needs to be verified by a doctor), you have the right to claim compensation. Compensation not only for the damage to your vehicle, but for the pain of the whiplash, the hospital and pharmaceutical fees, and the effect the injury has had on your lifestyle.

The best way to go about seeking compensation is to approach an experienced specialist who’s worked on many hundreds of whiplash cases just like yours. Where you’ll only know your basic rights, they’ll know the ins and outs of the law, and what you’ll be able to whiplash injury claim for, and the percentage culpability you’ll be able to assign to those other parties involved in your accident. Don’t neglect your rights when you suffer whiplash: approach a compensation specialist to help you build a case.

The Outcomes

Now that you have an injury law expert helping you to fight your case, there’s little you’ll have to do other than discuss the various outcomes of your claim. The expert will already be aware of the compensation you’re likely to win, and in some cases, the insurance companies you’re claiming against will grant a whiplash injury claim without fighting them first. In any case, you’ll be in open discussions with our legal team about the compensation we expect you are due – so you can relax and await the compensation that your rights affirm you are due. Remember: it’s a no win no fee whiplash claim. If you don’t win any money, you’ll not owe any, either.

Knowing Your Rights In A Car Accident

So many of us take the ability to hop into our car and travel wherever we like as a given. That is until we lose that very freedom to do so. In short, knowing your rights in a car accident is important.

Effectively, it can be an extremely traumatic occurrence, especially if it wasn’t your fault. As a result of the collision, you may have suffered serious injury and damage to the vehicle. If so, it’s essential that you understand and protect your rights in a car accident. Particularly if the accident comes down to someone else’s carelessness.

The first step to getting a resolution to your case is:

  • knowing what these rights are, and;
  • the next steps that you’ll need to take.

Here are your rights in a car accident

To call 999

Whether or not you’re at fault, you have every right to call emergency services and receive necessary treatment. Even if the other party:

  • pleads with you not to phone for emergency help, or;
  • is keen to resolve the case between you both.

Regardless, it’s still essential that you call the police or emergency services, as you may suffer from internal injuries. A police report is also an important form of evidence in dealing with insurance and making a claim. Therefore, don’t let the other party talk you out of it: think about the best interests of the other party.

To receive compensation

If you were injured in the accident or your vehicle was damaged, you have the right to make a claim against the person or group of people responsible for the incident. Always be sure to take as many photographs as you can. Namely, pictures of the damage to both vehicles, as well as external injuries you may suffer from. If you think you’re suffering from a severe injury, it’s wise to make a medical injury claim. Also be sure to capture photos of road conditions, streets signs or anything other potential collision factors.

To talk to witnesses

If you notice that there are any witnesses around, you need them on the record. Take note of their name and contact details, as it’s information you may need these for insurance or compensation purposes. You should always encourage any witnesses to recall their point of view of what they saw to the police. In turn, their testimony is a vital aspect in the police report and result in you getting what you deserve.

To remain silent

After the accident has occurred, you have the right to remain silent. You don’t have to contact the other party, their insurance company or solicitors. If the other party continuously and needlessly harasses you over the case, you need to alert the police.

Not to apologise

Although you’re in shock after the accident, try to maintain calm. Above all, continually apologising to the other party is a No-No. Such a simple phrase can determine whether or not you will end up taking full responsibility for the accident. Therefore, even if you believe you’re in the wrong, wait until the release of the details before you settle on taking the blame.