A former client of Shine Lawyers has brought a claim of negligence against her former solicitors, alleging that she was poorly advised in accepting a $150,000 settlement. The claimant, Natalie Manasse, was hit by a bus back in 2009 which caused cervical and lumbar spinal injuries and a resulting psychiatric injury.
Ms Manasse alleges that the sourcing of an independent review of her MRI would have revealed evidence of a lumbar disc prolapse – linking the proplase to the accident. This would have meant that a “proper damages assessment would have significantly exceeded $150,000”.
She also argued that, even without sourcing this evidence to link the lumbar prolapse to the accident, an “alternative supportive psychiatric assessment would have caused a competent lawyer to value likely damages as far exceeding $150,000”.QBE insured the bus which struck her, and it was during mediation with QBE Insurance that her former solicitors, Shine Lawyers, advised her to accept the offered settlement.
Now, Ms Manasse (in an amended statement of claim from January 2019) is seeking damages against Shine in the sum of $736,525.94.
In March, Shine filed an application to transfer the proceeding from the Supreme Court at Rockhampton to the Supreme Court at Brisbane. The presiding, Justice Graeme Crow, has now ruled that the court was “not satisfied that Shine has demonstrated that the proceeding can be more conveniently dealt with at Brisbane rather than at Rockhampton and accordingly I dismiss the application.”
While this is a small win for Ms Manasse, who would otherwise have incurred additional expenses of approximately $6,500 to $7,500 if proceedings were transferred to Brisbane, she is still faced with a court battle which, with proper, informed advice, might never been required.
While we cannot comment on the validity of her claims, or the culpability of the team at Shine, we have seen first-hand the difference that the right advice at the right time can make in these stressful situations.
If you or someone you love has been injured and you are dealing with an insurance company, the best way to ensure you are being treated fairly and compensated with the amount you are entitled to, is to have a qualified compensation lawyer on your side.
Our team at Marocchi Law are client-focused, specialise in all areas of compensation law and carry Accredited Specialist status.
We can help you navigate these complex issues, and ensure you receive the maximum compensation you are legally entitled to.
Contact us for a thorough and free, no-obligation case assessment today.
