Kakoschke v Draper & Allianz Australia Insurance Limited
Thu Apr 19 2007
On 18 September 2004, the plaintiff, Ms Kakoschke, sustained personal injuries when her car was rear-ended while stationary.
The plaintiff's physical injuries were minor, but her claim for economic loss was based upon a psychiatric illness alleged to have been brought on by the accident.
The plaintiff attempted to return to work, but was medically retired in March 2006.
The Supreme Court found that, on the balance of probabilities, the Plaintiff had no real prospects of undertaking gainful employment despite her own evidence that she thought she had an ability to work.
The Plaintiff was awarded the following damages:
General Damages $ 12,000.00
Past Economic Loss $ 61,295.00
Interest on Past Economic Loss $ 3,737.00
Loss of Past Superannuation $ 5,573.00
Interest on Past Superannuation $ 336.00
Future Economic Loss $404,337.00
Loss of Future Superannuation $ 38,665.00
Future Expenses $ 28,050.00
Past Medical Expenses $ 8,384.00
Interest on Past Medical Expenses $ 187.00
TOTAL $560,919.00
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