Fang Yu and Henry Carus + Associates

The Story

Fang was an overseas student. On the way to school one morning she took a tram to the Arts Centre tram stop. She exited the tram and crossed over to head towards the sidewalk. As she did so she did not see a tram to her left and was struck down, suffering serious physical injuries and a closed head injury.

We first met Fang at the Epworth Rehabilitation Centre. We initially helped her with some of her TAC benefits and then turned to her entitlement to common law damages for her injuries. TAC gave Fang a serious injury certificate, but they took the view that the tram driver was not responsible for the accident and the accident was solely the fault of Fang. We investigated and decided to take a totally different view – finding that the tram stop was the subject of many complaints for lack of safety before Fang’s accident and that the tram was likely to have been travelling at an unsafe speed at the time of the accident.

We hired experts to support our views, and eventually TAC agreed that the tram was driving at an excessive speed. Fang had trust in our persistent and patient style, and watched as TAC changed its offers from Nil at the start to over $200,000 the day before the trial.

“It has been 4 years since my traffic accident on 30 September 2009. I am very grateful to Henry and Amanda for all the assistance they have provided for my compensation, who eventually won a generous compensation which was out of my expectation. Their dedication and professionalism have deeply touched me. When the accident happened, I was an overseas student here, so I did not know much about Australia, not to mention how to fight for my rights. At the time, all my classmates, friends and families were trying to talk me out of it, saying: “you are in a foreign country, there is nothing you can do except taking it as it is. After all, you have to be partly responsible as well. Even if you get some compensation, it may not be enough for the solicitor fee.” I did not want to accept it. Later my aunt referred me to Henry Carus & Associates. They have kept their promise of “No Win No Fee”. For the past 4 years before my settlement, they have never asked me to pay one cent, whether it was for medical examination or the engagement of an interpreter. I had a part-time job before the accident. They negotiated with TAC to pay me the wages when I was not able to work. They were there for me at my hardest time, and I really appreciate it. Now my case has settled, and I have been granted a quite generous compensation, I just wish to tell everyone: no matter where you are, there will always be someone to help you when you are injured. Trust Henry Carus & Associates as they do really care for you.”

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