Life-threatening injuries with permanent disabilities including loss of an eye, loss of smell and taste, orthopaedic injury, cosmetic disfigurement, depression, anxiety and consequent alcoholism warrant assessment of non-economic loss at 80% of a most extreme case under the Motor Accidents Act 1988 (NSW). An offer of $290,000 against an eventual verdict of approximately $1.9 million is unreasonable within both s 73(4)(a) and s 73(4)(b) of the Act, and what is 'unreasonable' within one subsection is also 'unreasonable' within the other.
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