Personal Injury - Legal Practitioners' Liability Committee

Personal injury litigation is a specialist area of law that requires an in-depth knowledge of the legislation, time limits and case law. It also often involves dealing with the uncertainty of clients’ changing medical conditions and emotional wellbeing. We see claims where firms dabble in the area without the requisite expertise or they fail to set up systems to ensure they meet the time limits or manage clients appropriately.

Articles
Resources
Practice Risk Guides
Checklists
Videos
Podcasts

Say no to solicitor certificates in institutional liability cases

Professional Responsibility, Solicitors Certificates, Personal Injury 13 Sep 24

In historic institutional child abuse claims, we are continuing to see requests by some defendants for plaintiff’s solicitors to provide an independent solicitor certificate on settlement of the plaintiff’s claim. The certificates typically contain statements to the effect that the solicitor acting for the plaintiff has explained to the plaintiff the purport and effect of the settlement deed, the plaintiff appeared to have understood that advice, and that the deed was signed voluntarily.

The implied obligation – case update

Personal Injury, Commercial 03 Jul 24

Understand the broad scope of the Hearne v Street obligation and be proactive to avoid or otherwise remedy a breach.

Accelerated Case Management for Rising Institutional Liability Cases

Personal Injury 23 May 24

The Supreme Court has recently issued the Institutional Liability List Case Management and Listing Update, with new case management procedures to better manage the very large number of new proceedings now being filed in this List.

Advocates’ immunity and pleadings

Personal Injury, Commercial 03 Oct 23

Solicitors sued for omissions in pleadings were able to rely on the advocates’ immunity.

Setting aside a historical institutional abuse settlement

Personal Injury 29 Aug 23

Two recent cases are important for plaintiffs to consider if facing opposition from an institutional defendant to the setting aside of a settlement agreement.

Don’t forget the clock is still ticking!

Professional Responsibility, Personal Injury, Commercial 16 Mar 23

It can be easy for parties in dispute to overlook limitation periods while settlement discussions are happening. This article covers some simple risk management measures parties can take to prevent their claim from being time barred and the practitioner also being faced with a professional negligence claim.

Keep an eye on the time in PI matters

Personal Injury 08 Jun 22

A multi-pronged approach is required to avoid missed time limits in personal injury matters.

But counsel said so...

Personal Injury, Commercial, Professional Responsibility 18 May 22

Involving counsel is not a shield to a professional negligence claim.

New Traps In Defamation Reforms

Personal Injury, Commercial 03 Nov 21

Wide-ranging changes to defamation laws require close attention by practitioners to avoid the risk of claims. This article flags some key changes and areas of risk for defamation practitioners.

The Harman obligation and avoiding contempt

Personal Injury, Commercial 11 Oct 21

Before using documents in a case, check whether they have been used in other proceedings and whether a release of the Harman obligation has been obtained.

Choose your litigation clients carefully

Personal Injury, Commercial, Engagement/retainer management 06 Mar 20

Choosing the right client is essential risk management, particularly in litigation where you need cooperation from clients to meet deadlines and clients need to listen to and have confidence in your advice at crucial stages along the way.

Litigate well – prepare early

Personal Injury, Commercial 10 Oct 19

Effective litigation practitioners prepare well and prepare early. A recent judgement in the Supreme Court of Victoria reinforced this message when an application for adjournment of a trial date was met with an indemnity cost order against the solicitors seeking the adjournment.

Tax on super and TPD claims: remember to warn your clients

Personal Injury 26 Apr 19

When advising a claimant on a superannuation total and permanent disability (TPD) claim, telling them there could be tax implications when making a withdrawal after the claim is approved should be one of your key messages.

The trouble with DIY clients

Personal Injury, Commercial 13 Jul 18

Practitioners are finding that some clients are insisting on doing parts of litigation matters themselves, primarily to save legal costs. If you are prepared to accept a limited retainer, you need to manage the risks.

Why apologise?

Personal Injury, Commercial, Engagement/retainer management 01 Dec 17

This article looks at the difference between an admission of liability and an apology, and how an apology can be prepared in a form that does not amount to an admission of liability.

Minimise your risk

Personal Injury 01 Nov 17

Practitioners should be aware of the common underlying causes of negligence claims against law firms, as well as the practice management steps that can reduce risk.

Stay on the right side of the line in mediations

Personal Injury, Commercial, Professional Responsibility 23 Jun 16

Tactics are an essential part of mediations as practitioners seek to reach an outcome favourable to their clients. However, there are legal and ethical limits to how far practitioners can go in settlement negotiations. Practitioners in mediations should be mindful of the provisions of Part 2.3 of the Civil Procedure Act 2010 (Vic) and section 18 of Schedule 2 of the Competition and Consumer Act 2010 (Cwlth), known as The Australian Consumer Law.

Time limits in workplace injury compensation matters are critical

Personal Injury 22 May 16

LPLC has received a number of claims arising out of practitioners missing time limits in workplace injury compensation matters and some of these claims have been from experienced practitioners. The practitioners have failed to comply with the time limits imposed by section134AB of the Accident Compensation Act 1985 (Vic) or section 335 of the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic).

Making it personal

Personal Injury 01 Oct 15

Litigators who breach their obligations are at risk of a personal cost order.

Defamation requires timely action

Personal Injury 01 Jun 10

Defamation actions are subject to unusual extension of time provisions. The following case study covers extension provisions and gives some risk management advice.

Personal injury litigation checklist

Personal Injury 13 Feb 24

This checklist suggests risk management strategies practices can implement when dealing with personal injury litigation matters. Practitioners may find it helpful to use it alongside our Personal Injury Litigation practice risk guide.

Practice Risk Guides

Personal injury litigation — LPLC Practice Risk Guide

Personal Injury 12 Feb 24

Clients seek out litigation lawyers when something has gone wrong. In the personal injury arena, there is often the added difficulty of a client dealing with a physical or mental impairment and its consequences. The relationship can be challenging from the start. It can be made even more difficult if litigants are faced with delays, unexpected costs and experience confusion with an unfamiliar court system.

This LPLC Practice Risk Guide explains the steps practitioners can take to minimise the risk of receiving a claim in personal injury litigation matters and provides a practical checklist to help practices implement claims prevention strategies.

Bankruptcy limitations

Conveyancing, Tax, Leases, Personal Properties Securities, Sale and Purchase of Business, Building and Construction, Will Making, Beneficiaries, Mortgages, Personal Properties Securities, Solicitors Certificates, Personal Injury, Commercial 05 Jun 23

Time limits most commonly missed in relation to bankruptcy.

Contribution limitations

Conveyancing, Tax, GST, Leases, Sale and Purchase of Business, Building and Construction, Mortgages, Personal Injury, Commercial 05 Jun 23

Time limits most commonly missed in relation to contributions.

Appeals limitations

Conveyancing, Tax, GST, Leases, Building and Construction, Personal Properties Securities, Sale and Purchase of Business, GST, Building and Construction, Property settlements, Estate Administration, Mortgages, Personal Properties Securities, Personal Injury, Commercial 05 Jun 23

Time limits most commonly missed in relation to appeals, a claim example and lessons learned.

Personal injury limitations

Personal Injury, Commercial 05 Jun 23

Time limits most commonly missed in relation to personal injury.

Practice Risk Guides

Know your limits

Conveyancing, Personal Injury, Engagement/retainer management, Professional Responsibility 15 Dec 22

With the proliferation of time limits in legislation today, missing limitation dates is a mistake that occurs in many areas of the law leading to claims. This LPLC Practice Risk Guide lists the limitation periods that have caught practitioners out in recent years. It also gives some claims examples of how the mistakes have occurred and the lessons we can learn from those mistakes.

Checklist for terms of settlement

Property settlements, Will Making, Estate Administration, Personal Injury, Commercial 23 Aug 21

This Checklist is designed to help solicitors and barristers ensure they have correctly addressed all of the relevant issues in terms of settlement. Using this checklist will help avoid the most common mistakes LPLC sees in terms of settlement that lead to claims. Barristers may find it useful to use this checklist alongside LPLC's Good Counsel – Practice Risk Guide for Barristers.

Barristers Checklist for Safe Practice

Property settlements, Will Making, Estate Administration, Personal Injury, Commercial 23 Aug 21

This checklist provides a list of risk management steps and issues to consider for various stages of any brief. Using this checklist will help barristers avoid claims and provide good service to their clients. This checklist can be used alongside LPLC's Good Counsel –Practice Risk Guide for Barristers.

Practice Risk Guides

Good Counsel – Practice Risk Guide for Barristers

Personal Injury, Commercial 19 Aug 21

This LPLC Practice Risk Guide provides details of the types of mistakes made by barristers based on the professional indemnity claims made in Victoria since LPLC began insuring barristers in 2005, and provides recommendations on how to avoid those mistakes. The guide also provides links to risk management checklists and at the end a list of cases relevant to conflicts, and personal costs orders.

Practice Risk Guides

Personal injury litigation — LPLC Practice Risk Guide

Personal Injury 12 Feb 24

Clients seek out litigation lawyers when something has gone wrong. In the personal injury arena, there is often the added difficulty of a client dealing with a physical or mental impairment and its consequences. The relationship can be challenging from the start. It can be made even more difficult if litigants are faced with delays, unexpected costs and experience confusion with an unfamiliar court system.

This LPLC Practice Risk Guide explains the steps practitioners can take to minimise the risk of receiving a claim in personal injury litigation matters and provides a practical checklist to help practices implement claims prevention strategies.

Practice Risk Guides

Know your limits

Conveyancing, Personal Injury, Engagement/retainer management, Professional Responsibility 15 Dec 22

With the proliferation of time limits in legislation today, missing limitation dates is a mistake that occurs in many areas of the law leading to claims. This LPLC Practice Risk Guide lists the limitation periods that have caught practitioners out in recent years. It also gives some claims examples of how the mistakes have occurred and the lessons we can learn from those mistakes.

Practice Risk Guides

Good Counsel – Practice Risk Guide for Barristers

Personal Injury, Commercial 19 Aug 21

This LPLC Practice Risk Guide provides details of the types of mistakes made by barristers based on the professional indemnity claims made in Victoria since LPLC began insuring barristers in 2005, and provides recommendations on how to avoid those mistakes. The guide also provides links to risk management checklists and at the end a list of cases relevant to conflicts, and personal costs orders.

Personal injury litigation checklist

Personal Injury 13 Feb 24

This checklist suggests risk management strategies practices can implement when dealing with personal injury litigation matters. Practitioners may find it helpful to use it alongside our Personal Injury Litigation practice risk guide.

Bankruptcy limitations

Conveyancing, Tax, Leases, Personal Properties Securities, Sale and Purchase of Business, Building and Construction, Will Making, Beneficiaries, Mortgages, Personal Properties Securities, Solicitors Certificates, Personal Injury, Commercial 05 Jun 23

Time limits most commonly missed in relation to bankruptcy.

Contribution limitations

Conveyancing, Tax, GST, Leases, Sale and Purchase of Business, Building and Construction, Mortgages, Personal Injury, Commercial 05 Jun 23

Time limits most commonly missed in relation to contributions.

Appeals limitations

Conveyancing, Tax, GST, Leases, Building and Construction, Personal Properties Securities, Sale and Purchase of Business, GST, Building and Construction, Property settlements, Estate Administration, Mortgages, Personal Properties Securities, Personal Injury, Commercial 05 Jun 23

Time limits most commonly missed in relation to appeals, a claim example and lessons learned.

Personal injury limitations

Personal Injury, Commercial 05 Jun 23

Time limits most commonly missed in relation to personal injury.

Checklist for terms of settlement

Property settlements, Will Making, Estate Administration, Personal Injury, Commercial 23 Aug 21

This Checklist is designed to help solicitors and barristers ensure they have correctly addressed all of the relevant issues in terms of settlement. Using this checklist will help avoid the most common mistakes LPLC sees in terms of settlement that lead to claims. Barristers may find it useful to use this checklist alongside LPLC's Good Counsel – Practice Risk Guide for Barristers.

Barristers Checklist for Safe Practice

Property settlements, Will Making, Estate Administration, Personal Injury, Commercial 23 Aug 21

This checklist provides a list of risk management steps and issues to consider for various stages of any brief. Using this checklist will help barristers avoid claims and provide good service to their clients. This checklist can be used alongside LPLC's Good Counsel –Practice Risk Guide for Barristers.

Avoiding Personal Cost Orders — do the basics well

Personal Injury, Commercial 23 Nov 23

Since the enactment of the Civil Procedure Act 2010 (Vic), legal practitioners face the risk of having a personal costs order brought against them. In the years following, there have been several important decisions on personal costs orders that provide insight on when they are likely to be ordered.

Personal injury claims — do the basics well

Personal Injury 25 Aug 23

In this webinar John McGirr, LPLC Claims Solicitor, gets back-to-basics and discusses how to run a personal injury file, helping lawyers avoid common pitfalls that can lead to stressful and costly claims.

Back to basics for litigators

Personal Injury, Commercial 02 Jul 19

Seminar from 2019's Risk Management Intensive. Presented by Thanh Bui, Colin Biggers and Paisley.

The Harvard Diaries

Personal Injury, Commercial 01 Jul 18

Seminar from 2018's Risk Management Intensive. Presented by Emily Dewberry, Lawyer & Nationally Accredited Mediator Dewberry Mediations.

Personal injuries litigation

Personal Injury 25 Sep 17

For personal injury lawyers, it is important to manage not only the law but also the client and the retainer. Clients will seek assistance when something has gone wrong. They are often dealing with a physical or mental impairment and its consequences. On top of this, litigation will be an unfamiliar territory for them, making for an emotionally-charged environment.

Conflicts

Conveyancing, Financial Agreements, Will Making, Personal Injury, Commercial, Verification of Identity, Engagement/retainer management, Professional Responsibility 25 Sep 17

Practitioners who act for multiple parties are often caught unaware by conflicts, which can be difficult to anticipate and arise before the danger becomes apparent. This leaves the practitioners exposed to allegations of breach of duty and the conduct rules, and preferring the interests of one client over another. In acting for more than one party, you create a minefield for yourself.

Systems for success: Driving a culture of good work habits

Personal Injury, Supervision, Professional Responsibility 15 Nov 21

Paul Zaparas from Zaparas Lawyers - a firm that specialises in personal injury law - joins Chief Risk Manager at LPLC, Heather Hibberd to explore how a good business philosophy, coupled with fine tuned systems and processes, can have a positive impact on risk management without compromising the bottom line.

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