We are delighted to announce the launch of the latest addition to By Lawyers’ Injuries publications, being a Personal Injuries Guide for Victoria.
This publication covers all aspects of advising and representing clients with personal injury claims under the Wrongs Act 1958.
The publication contains helpful commentary and precedents for conducting a claim from start to finish.
Commentary
The detailed and practical commentary discusses all aspects of personal injury claims, including:
- Limitation periods
- Taking comprehensive instructions
- Establishing a duty of care
- Establishing a breach of duty
- Factual causation and scope of liability
- Particular negligence situations such as occupiers’ liability
- Defences, including obvious and inherent risks
- Damages
- Supporting and preparing a claim
- Mediation
- Offers of compromise
- Costs considerations
- Going to court – Supreme Court and Country Court procedures.
Precedents
Easy to use precedents provided for each stage of the matter include:
- Retainer instructions
- Initial letter to plaintiff
- Costs agreement
- Letter to medical panel
- Letter to plaintiff advising on mitigation of damages
- Example content – pleading and particulars
- Brief to counsel
- Subpoenas and Notices to produce
- Authority and instructions for payment of settlement or award
Before advising a client, it is important to understand the nature and extent of the restrictions imposed upon claims and damages by the Wrongs Act, as well as the defences created.
The By Lawyers Personal Injuries Guide will enable Victorian practitioners to confidently assist clients with personal injury claims.