Pedestrian accident TAC claim – success story

Pedestrian Accidents in australia

Caiying Gu was a pedestrian who was struck by a passing car and injured while crossing the road in 2013. At that time she was 83 years old and was already having early signs of Alzheimer’s Disease.

Witnesses to her accident indicated she was solely responsible for walking out in front of the car that hit her. She sustained multiple serious injuries and spent an extensive period of time in hospital and rehabilitation.

After a period of recovery and recommendations from family and friends, Caiying contacted our office seeking assistance with her TAC claim.  Caiying didn’t understand English very well, but we were able to explain the TAC system and the benefits to her in her preferred language of Chinese. The fact that there was no language barrier was of great assistance to our client in maximising her TAC benefits.

We also wanted to ensure we did our homework right away without delay. We thoroughly reviewed Caiying’s medical material, TAC file and investigated her accident circumstances. We conducted a visit to the site of the accident and obtained statements from key witnesses.

After we conducted all of our investigations we formed the view that the driver of the car should have been able to take some evasive steps to either avoid the accident or at least minimize the impact to Caiying. We advised her to pursue her claim for compensation and were able to have TAC accept our views on the responsibility of their driver, at least in part. Caiying received an early settlement of $75,000. What was particularly pleasing was our ability to get it all achieved in an early settlement.

We continue to support Caiying with the entitlements she has under the TAC system. She is now looking to obtain greater personal care assistance so as to not be such a burden on her daughter who cares for her.

Recently Caiying asked her daughter to write to us on her behalf to express her appreciation for our work and ongoing support:

“Two years ago, I was accidentally hit by a car when crossing the road, which caused me multiple fractures. I had to stay in hospital for nearly 11 months, during which time I was always haunted by nightmares at night. It is not difficult to picture the damage the accident caused to me physically and mentally, not to mention I was 83 years old already when it happened.

After I was discharged from the hospital, I saw the advertisement of Henry Carus + Associates’ law firm in a Chinese newspaper. At first we were a bit hesitant and scared. To be honest, I never had any lawsuit against anyone in my life. Later, through the referral of a friend, we contacted HCA law firm just for a try.

During the course of my matter, they gathered evidence from various sources, conducted site inspections and truly delivered what they promised in the advertisement: you only need to make the decision, and we will do the rest.

After their months of dedicated work, I have finally got compensation. I would like to express my gratitude again to all staff at Henry Carus + Associates for fighting to get the compensation that I am deserved.”