Brain injury and future care

What happened

A metal object on a farm track jammed a repaired motorcycle's rear wheel during a test ride, throwing the claimant forward. He suffered severe traumatic brain injury with lasting functional difficulties.

Damages were assessed after default judgment against the second defendant. The Civil Liability Act 2002 applied because the claim did not arise from an owner's or driver's negligence in operating a vehicle.

The issues

Serious injury did not establish all the assistance claimed. Unpaid assistance was not proved, with discrepancies between the claimant's account and the detailed claim.

The court assessed future paid support separately using occupational therapy evidence, and reduced the proposed case-manager hours.

The court's decision

The $1,037,523.83 award included $352,500 for non-economic loss and $404,968.14 for future assistance, alongside lost earnings, superannuation and medical expenses. Costs were ordered separately.

Understanding the figures

The past medical expenses included amounts recoverable by Medicare and the NDIS. The total therefore does not show the net sum available for the claimant to spend. The statutory values used for non-economic loss were those applicable at the time.

What this case shows

A review can examine the governing law, evidence of care needs and distinction between unpaid help and paid services. Accounts of family assistance, recorded hours and expert care plans need to be consistent.

Why another case may differ

Damages were assessed following default judgment. No contributory negligence was pleaded over the claimant's failure to wear a helmet, so it did not reduce the award. That does not establish a general rule for motorcycle claims. The official judgment was checked on 8 November 2026. Park & Co does not present this as a case it conducted.

Applying it to your claim

Different facts, evidence or procedures, an appeal, or a change in the law may affect how this decision applies. This is general information, not a report of a case handled by Park & Co Lawyers.