1 LEGAL ETHICS IN CTP LITIGATION Hon John Doyle AC, QC Peter Day, Jeffcott Chambers Brenton James, Hunt & Hunt
2 JD (John Doe) was involved in a motor vehicle accident. He was a passenger travelling with his two 17 year old twin children, Sam Doe and Hannah Doe and his wife who was the driver at fault Mr Doe submits a claim for personal injuries, loss and damage through the Motor Accident Commission (and its claims agent Allianz Australia SA - CTP). Mr Doe seeks legal advice.
3 The family approach the Law Firm for assistance in pursuing claims for personal injuries, loss and damage
4 Assume Mr Doe suffered a significant head injury and requires a litigation guardian.
5 Assume (hereafter), it is not an injury requiring a litigation guardian Mr Doe's solicitors arrange and obtain a detailed statement from Mrs Doe regarding the circumstances of the accident and her observations of the injuries and effects upon her husband.
6 In the course of giving instructions Mr Doe discloses that he had a previous motor vehicle accident 5 years ago for which there was a claim and various documents, including Court proceedings and medical reports. He does not recall the particulars of any settlement and says that he had fully recovered by least 2 years prior to the subject accident.
7 He provides an Authority to his current solicitors to obtain any relevant documentation from his previous solicitors. The current solicitors do not obtain copies of any documents from the previous solicitors for the time being.
8 The claimant's solicitors seek a report from the plaintiff's general practitioner as well as an orthopaedic surgeon (who assesses the plaintiff for medico legal purposes). The solicitors do not mention the earlier accident in the letter of instructions. When the reports are received no mention is made of the previous injury in either of the reports
9 In presenting the initial letter of claim to the insurer, the plaintiff s solicitors refer to the previous injury and indicate that on their instructions the injuries had resolved well before the subject collision.
10 The insurer refers the matter to solicitors. The insurer's solicitors see that they have a claim previous file and call up the previous file including the proceedings, medical reports etc. When providing their advice to insurer they have regard to information and documentation from the earlier file.
11 The insurer's solicitors interview the wife (as insured). The interview covers not only the circumstances of the accident but deals in some detail with the injuries sustained by the plaintiff and other information relating to the claimant (such as other health issues and pre/post accident employment).
12 Prior to presenting a formulation of claim, the plaintiff s solicitors attend at the general practitioner's office to view (but not take possession of) the general practitioner's records. Those records indicate that the previous injuries were quite significant and the plaintiff was continuing to complain of symptoms right up until shortly prior to the motor vehicle accident (and even beyond). In presenting a formulation of claim the plaintiff s solicitors do not therefore include any reference to the previous accident other than noting that the plaintiff had been involved in the previous accident. In particular, there is no amendment or correction to the earlier correspondence regarding the instructions at that time. The formulation of claim relates only to the effects of the subject accident.
13 Assume the children proceed with their claim. In a medical report obtained for her claim Hannah discloses that her father is working at a particular restaurant. The insurer then arranges for John Doe to be placed under surveillance at that restaurant and video film of him is taken working at the restaurant. That information was only obtained through the medical evidence in Hannah's claim.
14 The plaintiff has given instructions to his solicitors that he has been unable to work since the accident in any capacity. On an evening when the plaintiff s solicitors are out having dinner they observe the plaintiff working as a waiter at a restaurant. They observe the plaintiff working for a number of hours performing quite physical work. The plaintiff subsequently admits to his solicitors that he has been doing some work
15 The matter goes to trial. Whilst waiting for Judgment, the plaintiff s solicitors learn that the plaintiff is terminally ill and only has a few months to live.
16 And the last issue to consider over afternoon tea
17 At the end of the matter, John Doe tells his lawyers he was actually the driver!
MOTOR VEHICLE COMPENSATION CLAIM SUCCESS 6 WAYS TO RUIN YOUR MOTOR VEHICLE COMPENSATION CLAIM 6 WAYS TO RUIN YOUR MOTOR VEHICLE COMPENSATION CLAIM In this guide, we have outlined the 6 most common ways
The 2007 Rehabilitation Code Introduction The aim of this code is to promote the use of rehabilitation and early intervention in the compensation process so that the injured person makes the best and quickest
GUIDELINES FOR SOLICITORS DEALING WITH INJURIES BOARD CLAIMS 1 INTRODUCTION When the Personal Injuries Assessment Board (now known as the Injuries Board ) first came into being in 2004 following the passing
Frequently Asked Questions: Compulsory Third-Party Insurance in the ACT Who can claim? A CTP personal injury claim form may be lodged by: any person who has sustained personal injury as a result of a motor
PERSONAL INJURY CLAIMS Frequently Asked Questions 1. Can I make a claim? If you have been injured because of the fault of someone else, you can claim financial compensation through the courts. The dependants
Personal Injury Self Help Kit Supported by The purpose of this kit This kit has been developed to help people pursue public liability personal injury claims, where the injury sustained is due to another
FORM 1 PERSONAL INJURIES PROCEEDINGS ACT 2002 NOTICE OF CLAIM (Non-Health Care Claims) INSTRUCTIONS FOR COMPLETING THIS FORM ARE ATTACHED AS THE LAST THREE PAGES OF THE FORM PLEASE READ INSTRUCTIONS CAREFULLY
APPENDIX 2A Sample Initial Letter Dear [name]: Re: Motor Vehicle Accident Please read this letter carefully and retain it in your file, as it contains important information about your claim and the basis
GUIDE TO PERSONAL INJURY/ACCIDENT CLAIMS At Richard Grogan & Associates we have Solicitors with significant experience and expertise who will advise and guide you through all matters relating to bringing
ROAD TRAFFIC ACCIDENT Client Information Pack This pack provides general guidance about your road traffic accident claim and brief details about funding your case. To read about the service standards you
Your Guide to Pursuing a Personal Injury Claim 2 Contents Introduction... 3 Important things that you must do... 3 In The Beginning... 4 Mitigating your loss... 4 Time limits... 4 Who can claim?... 4 Whose
Motor Vehicle Accidents Crash!!! Oh no, now what? It is often hard to know what to do if you are involved in a motor vehicle accident. What rights and responsibilities do you have? And what actions, if
Personal Injury Claim Pack A guide to your compulsory third party (CTP) insurance claim Contents Snapshot of the CTP claims process... 2 Prior to lodging your claim... 2 Lodgement of your claim... 3 Processing
Interaction Between Lawyers & Physicians In Litigation Sixth Edition - August 2011 by Rose M. Carter, Q.C. Interaction Between Lawyers & Physicians In Litigation Sixth Edition - August 2011 Interaction
Do You Have a Case? Truck Accident ebooklet Andrew Miller 201 South 3rd Street Logansport, IN 46947 P: (574) 722-6676 www.starrausten.com Disclaimer No attempt is made to establish an attorney-client relationship
Form 1.03 July 9, 2014 MOTOR VEHICLE COLLISION SUMMARY ADVICE FORM TO: (Name) (Address) FROM: KUBITZ & COMPANY Lawyers 1716 10 th Avenue S.W. Calgary, Alberta T3C 0J8 (City, Province, Postal Code) Home
Motor Accident tification Form (MANF) As prescribed under section 84(2)(a) of the Road Transport (Third-Party Insurance) Act 2008 For Compulsory Third-Party (CTP) Insurance Claims in the Australian Capital
FATALITY LAW UPDATE BY JAMES K. FIREMAN FIREMAN WOLFE LLP The focus of this paper is to provide an overview of the cases which have dealt with assessing damages for fatal accidents. The paper begins with
A GUIDE FOR PEOPLE INJURED IN A MOTOR VEHICLE ACCIDENT CONTENTS General information 02 Early payment of expenses 03 The Accident Notification Form (ANF) 03 Who can make a claim Other driver or owner at
REPUBLIC OF SOUTH AFRICA IN THE HIGH COURT OF SOUTH AFRICA GAUTENG LOCAL DIVISION, JOHANNESBURG CASE NO: 13/33469 (1) REPORTABLE: YES / NO (2) OF INTEREST TO OTHER JUDGES: YES/NO (3) REVISED... DATE...
MOTOR VEHICLE ACCIDENT KIT A comprehensive guide designed to help you handle your own claim for repairs. MOTOR VEHICLE ACCIDENT KIT August 2012 Motor Vehicle Accident Kit First Published 1987 The booklet
Personal injury claims advice solicitors If you've suffered an accident or a personal injury that wasn't your fault, you could be entitled to make a compensation claim. Millbank solicitors personal injury
Motor Credit Hire Guide Introduction Since the early 1990s the battle between defendants and the credit hire industry has waxed and waned. The subject is as relevant today as it was 20 years ago. Credit