Keep an eye on the time in PI matters

Practising in personal injury law is high pressure with practitioners typically managing heavy caseloads and a multitude of critical dates. The various statutory time limits, particularly in the area of workplace injury compensation, are complex and often difficult to overcome if not complied with. Missing them can have costly consequences for clients and result in professional negligence claims. Different measures are needed to avoid these types of claims.

Claims experience shows that missed deadlines most often result from inadequate or inconsistently applied systems for tracking critical dates.

Common contributing factors include:

• critical dates not being diarised at all

• dates being entered into a practitioner’s personal calendar but not visible to supervisors

• file handlers being on leave, overloaded or having left the firm

• reliance on centralised calendars that are not actively monitored

In almost all cases, there was no consistent second layer of review for time limits.

Other frequent risk factors include:

• inexperienced practitioners managing matters without sufficient oversight

• matters crossing jurisdictions unfamiliar to the practitioner

• accepting late retainers while factual, medical or liability issues remain unclear

• procrastination where medical evidence is delayed or client expectations are difficult to manage

Several missed deadlines have also stemmed from incorrect assumptions, such as the belief that time is automatically suspended over the Christmas period under the County Court Civil Procedure Rules 2008 (Vic).

Time limits have also been overlooked while practitioners were distracted by settlement negotiations, alternative dispute resolution processes, or while awaiting information from WorkCover or the TAC.

Although there is no foolproof way to avoid missing critical dates, here are our top six steps to minimise this risk.

Time limits should be front of mind from the outset of a matter and promptly diarised. Set up multiple automated electronic reminders well in advance of approaching deadlines.

There should be at least two people responsible for reviewing and tracking time limits. Supervisors should get electronic reminders when dates are approaching and red flag notifications if the dates are not being met. If you use a central diary system, make sure that someone apart from the file handler is also checking the diary for compliance.

Human error is inevitable. To manage this risk, some firms employ staff whose primary role is to identify and track critical dates and follow up practitioners to make sure those dates are met.
In smaller teams, administrative assistants can be an effective resource in monitoring and reminding practitioners and supervisors of upcoming deadlines.

The practitioners are still responsible for managing dates, but this provides a safety net or third line of defence.

Proactive supervision and mentoring of staff is a professional obligation and fundamental for developing and refining practitioners’ skills and for the prevention of claims. It also drives efficiency and greater output from less experienced practitioners and can support increased job satisfaction and retention.

It is good practice for supervising lawyers to attend the first meeting with the client especially where the practitioner with the day-to-day conduct of the file is inexperienced. Experienced practitioners are typically more attuned to identifying the nuances and problems within matters at an earlier stage and can give important strategic direction on managing a range of issues including time limits, prospects of success and whether to take the matter on.

It is important that supervision be maintained throughout the life of a matter. Finding the time can be difficult for senior practitioners who are busy managing their own file load. Many firms reduce the file loads and billable targets of supervisors to free up time and focus.

Ongoing professional development is particularly important in this specialist and procedurally complex area of practice. Internal training, focused mentoring and knowledge‑sharing can be strengthened by converting learning into practical tools.

Examples include:

• checklists for common personal injury claims

• visual timelines of statutory deadlines

• jurisdiction‑specific reference guides

• prompts embedded in file‑opening procedures

These resources help practitioners navigate complex time limits, particularly when dealing with unfamiliar matters or jurisdictions.

Early identification of issues—particularly those relating to time—is critical. Practitioners should focus at the outset of each matter on:

• identifying all relevant limitation periods

• collating essential evidence as early as possible

• realistically assessing prospects

The Civil Procedure Act 2010 (Vic) emphasises the importance of early and proportionate preparation, and this approach often reduces downstream stress and delay.

Finally, it is important to put the client as the core focus of the firm’s offering as this drives key decisions for the firm, the matter and the staff in what is a complex and intensely human-centred area of the law.