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Personal injury litigation


Clients seek out litigation lawyers only when something has gone wrong. In the personal injury arena, they have the added difficulty of dealing with a physical or mental impairment and its consequences, often in an emotionally-charged environment.

This means the relationship is going to be challenging from the start. It can be made even more difficult if litigants are faced with delays, unexpected costs and confusion with an unfamiliar court system.

There are many traps for practitioners in the complex area of personal injury law and practitioners should not dabble in this area of law.  Below is some information to assist practitioners who practice in this area minimise the risk of receiving a claim.

1 November 2016

Keep out of harm’s way

Practitioners should be aware of key risks when acting for plaintiffs in personal injury litigation. Reviewing the claims against personal injury practitioners, the LPLC found from 2005 to 2015 more than half of the cost of these claims were attributed to workplace injury matters. Most was due to missed time limits or missed causes of […]

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3 May 2016

Failing to plan is planning to fail

Practitioners need to be proactive from the outset in litigation matters. Litigation matters can be protracted and unpredictable. Consequently, practitioners often approach these matters one step at a time and deal with issues when they become critical. To manage risk effectively, you need to be proactive from the outset. Time limits Always identify and diarise applicable limitation dates at the […]

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31 March 2016

In Check Issue 70 | March 2016

Table of contentsCyber-crime – how alert are you?Common GST questionImportance of good working relationships within the professionReminder for RedCrest2016 Risk Management SeminarsCheck your contracts for deemed serviceNew look websiteLaw Institute Journal articles Cyber-crime – how alert are you? Lawyers and the legal profession are increasingly becoming targets of cyber-crime and while many law firms may not […]

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1 December 2015

In Check Issue 69 | December 2015

Table of contentsCount your days to the end of the year carefullyCommon GST queries about the farming business exemptionUpdated purchaser statementChanges to foreign investment framework2016 Risk Management SeminarsNew training video – The New NormalOffice closure over Christmas and New YearLaw Institute Journal articles Count your days to the end of the year carefully As the […]

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1 August 2010

Managing dissatisfied litigants

Clients who are dissatisfied litigants can cause practitioners grief unless they are managed well. Practitioners know that unhappy clients are less likely to pay them and more likely to sue them. In the commercial litigation area in the past four years, the categories that accounted for 30.4 per cent by cost and 40.3 per cent by […]

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2 February 2011

Civil Procedure Act 2010 (Vic) Update

The Civil Procedure Act 2010 (Vic) (the Act) heralds important legislative reform for civil proceedings conducted in the Supreme, County and Magistrates Courts, but not VCAT or the Federal court. It came into operation on 1 January 2011. All legal practitioners who practice in this area must read and come to terms with this legislation […]

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29 September 2006

Limitation Period Extended for Psychological Injuries

The High Court has adopted a generous approach to the application of time bars in the context of latent injuries. This comes against the general tide of shorter limitation periods imposed under the banner of tort reform. The decision is a timely reminder to practitioners that certain provisions of the Limitation of Actions Act 1958 […]

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17 January 2005

Proportionate Liability Bulletin

Litigation solicitors should be aware of recent legislation at both the Victorian and Commonwealth levels relating to proportionate liability. There are important differences in the legislation. Table of contentsLegislationVictoria Commonwealth Commencement Times Proceedings Covered  Legislation Victoria  The Wrongs and Limitation of Actions Act (Insurance Reform) Act 2003 introduced Part IVAA into the Wrongs Act 1958. Commonwealth  The Corporate […]

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31 March 2017

Personal injury claims are easy to avoid

Failure to issue proceedings within time is a major cause of personal injury claims. LPLC’s recently published snapshot on personal injury litigation explains other common causes of personal injury claims as well as risk management strategies to assist in claims prevention. Sometimes the mistake was due to a lack of or failure to implement a system resulting […]

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9 December 2016

Do you know your limits?

Practitioners who are experts in a specific area of law sometimes find themselves in unfamiliar territory without realising it. Practitioners who usually do domestic conveyancing maybe out of their depth when they receive instructions about the purchase of a commercial building with multiple tenants and where the purchaser is a self-managed superannuation fund who will […]

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4 November 2016

An informed client is the best risk management for personal injury lawyers

LPLC has recently refreshed our Pitfalls in personal injury litigation practice risk guide. As part of this process, we reviewed the claims against personal injury practitioners acting for plaintiffs. These claims continue to show the need for practitioners to manage not only the law but also the client and the retainer. More than 25 per […]

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21 October 2016

Guide for personal injury lawyers updated

LPLC’s practice risk guide Pitfalls in personal injury litigation has been updated to assist practitioners who practise in this area avoid claims. For many personal injury plaintiffs litigation is unfamiliar territory as well as being an emotionally-charged environment. Due to this and the complexities of personal injury legislation claims against practitioners arise for a variety […]

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23 September 2016

Stay on the right side of the line in mediations

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 […]

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30 September 2014

Key Risk Checklist: Risk management strategies for litigation

Before accepting instructions in a matter carefully consider whether you can act: for this client in this matter at this time – and do so bearing in mind the duties you will have to that client and the court Communicate with the client at the very beginning about: who the client(s) is/are who will give you […]

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11 May 2017

Know your limits

Table of contentsIntroductionLessons from the claimsTime limits most commonly missedClaims examples Introduction With the proliferation of time limits in legislation today missing limitation dates is a mistake that occurs in many areas of the law. The reasons for missing time limits are varied as are the potential repercussions. Sometimes it is a lack of knowledge […]

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6 September 2016

Pitfalls in personal injury litigation

Table of contentsPersonal injury litigationThe causesThe best risk management – an informed clientCommon mistakesWorkplace injuriesPublic liability and medical negligenceTransport accident claimsEmerging area of riskLPLC Personal Injury Litigation ChecklistAppendix 1 Personal injury litigation Clients seek out litigation lawyers only when something has gone wrong. In the personal injury arena, they have the added difficulty of dealing […]

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14 February 2017

Snapshot – Personal injury litigation

Snapshots provide data and main causes of claims in areas of practice as well as risk management strategies at a glance. Click the image to enlarge or download to print.                            

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