Re Hansen v Welsh & FAI

The case of Re Hansen v Welsh & FAI was heard in the Supreme Court of Queensland. The plaintiff, Janice Hansen, was involved in a severe motor vehicle accident caused by the defendant Shelly Jane Welsh, who crossed the median strip of the Pacific Highway and collided with Hansen's vehicle. The accident resulted in significant injuries to Hansen, the death of her two passengers, and the death of the driver of the other vehicle. The primary legal issues before the court were the determination of damages for pain and suffering, loss of amenities, past and future economic loss, past and future care, and other special damages.

The court carefully examined the evidence and submissions from both parties. Regarding pain and suffering, the court found that the plaintiff had endured considerable pain and loss of mobility, which had a significant impact on her quality of life. The court awarded $100,000 for pain and suffering, with half of that amount allocated to past pain and suffering. For past economic loss, the court assessed the plaintiff's actual earnings and determined that a modest allowance for contingencies was appropriate. Future economic loss was also considered, with a 5% reduction for contingencies.

The court also addressed the plaintiff's claims for past and future care, assessing the necessity and extent of the care required due to her injuries. For future care, the court allowed for domestic help, shopping assistance, and transport expenses, taking into account the plaintiff's current and anticipated needs. Future health expenses, including medical, surgical, and pharmaceutical costs, were also evaluated and awarded. Motor vehicle expenses were considered, focusing on the additional costs incurred due to the necessity of purchasing a vehicle sooner than planned.

In conclusion, the court awarded damages totaling $483,426.14. After accounting for an advance payment of $200,000 already made to the plaintiff, the final judgment was for $283,426.14, along with costs to be taxed.