Over $2.4M Settlement for Father of Three

Last updated on March 11th, 2022 at 09:53 am

On 5 January 2015, a father and his three children were on a road trip when they had become involved in a horror motor vehicle accident on the Brisbane Gateway Motorway.

A four-wheel-drive collided into the family’s Kia Carnival and as a result, five people were taken to the hospital according to an ambulance spokesman.

While Mr. Allen’s three children, aged 12, 10 and 2, were all sent to the hospital with critical, stabled and minor injuries respectively, their father suffered the most as he ensured the brunt of the crash was away form his children.

Some of the injuries he suffered include:

• Chronic PTSD, co-morbid adjustment disorder, anxiety and depressed mood;
• Fracture/dislocation of left hip and fracture of the left hip… requiring reconstructive surgery;
• Sight and hearing impairment;
• Traumatic brain injury.

Before the incident, Mr. Allen was an associate director of workplace health and safety at James Cook University Townsville (JCU) and earnt approximately $1,660.00 net per week.

Damages Summary are as follows:

Damages	Amount (AUD$)
General Damages – ISV of 44	109,640,00
Past economic loss	515,957,20
Interest on past economic loss	17,245,69
Past loss of superannuation	57,025.39
Future economic loss	959,040.00
Future loss of superannuation	108,659.23
Alternative accommodation – home at the time was considered unsuitable to live in	45,682.00
Interest on alternative accommodation	330.18
Future rental expenses	18,200.00
Future home modifications	10,000.00
Future medical expenses	77,014.00
Future surgery	53,100.00
Future medications	43,000.00
Future aids	60,000.00
Special Damages	55,000.00
Interest	900.00
Past care	143,052.00
Future care	225,554.00
Total	$2,499,399.69

References:

9News. (2015, January 6). “Family trapped, five in hospital after Brisbane car crash”. https://www.9news.com.au/national/children-injured-in-boondall-crash/42ca9fd0-7951-434f-9afd-3c008e04fe17

Allen v O’Donnell & Anor [2021] QSC 63. https://www.queenslandjudgments.com.au/caselaw/qsc/2021/63

Bochenski, N. (2015, January 6.) Brisbane traffic: Boondall crash injures three children – Brisbane Times. https://www.brisbanetimes.com.au/national/queensland/brisbane-traffic-boondall-crash-injures-three-children-20150106-12ium8.html

Vonow, B. (2015, January 15) Man involved in Gateway Motorway smash wants to find good Samaritans to thank them – Courier Mail. https://www.couriermail.com.au/news/queensland/man-involved-in-gateway-motorway-smash-wants-to-find-good-samaritans-to-thank-them/news-story/b1de2b9ff892f100eb4e12f80381425d