Why it’s worth claiming when you can’t work because of a whiplash injury
Whiplash and injuries in a motor vehicle accident
Sungki Min came to Australia from South Korea in September 2012 on a working holiday visa. He was intending to eventually study and achieve a diploma in business in Brisbane, while working part time undertaking silicon sealing work. Sungki hoped to eventually achieve permanent residency in Australia.
Sungki was unfortunately involved in a motor vehicle accident which delivered a serious whiplash injury to his lumbar spine. This injury significantly impaired his capacity to work, so he sought compensation for whiplash. Sungki brought a claim for the loss and damage he sustained.
The accident affected his Australian residency hopes
Reduced work capacity due to his serious back injury
A total damages payout of $355,094
The Court considered that a retirement age of 62.5 years was appropriate given Sungki was working in an industry involving arduous work. The Court awarded him around $250,000 for future economic loss and around $82,000 for past economic loss. It also awarded $13,200 for pain and suffering and loss of amenities of life (General Damages), and around $10,000 for past and future medical expenses. Superannuation was also not awarded.
The Court awarded damages to Sungki in the total sum of $355,094.00.
