Personal Injuries: 3 Strategies to Maximise Damages
This one-of-a-kind program offers 3 industry experts who will dissect a key area related maximising a personal injury claim. Examine how damages are assessed by an actuarial with insights into wrongful death & dependency claims, superannuation losses, sexual abuse claims and more. Gain insights into how to interpret and apply the AMA Guides to maximise a permanent impairment claim. Finally, join Rob Taylor for a step by step guide to the legal strategies needed to maximise a personal injury claim.
Description
Attend and earn 3 CPD units including:
2 units in Substantive Law
1 unit in Professional Skills
This program is applicable to practitioners from all States & Territories
Chair: Michael Barnes, Partner, Carroll & O’Dea Lawyers
Professional Skills
9.00am to 10.00am: Assessment of Damages: An Actuarial Perspective
The assessment of damages is one of the most critical phases of a common law claim. Quantification often requires forensic and actuarial input, and knowing how to accurately assess complex decisions will undoubtedly achieve better results for your clients. Actuarial expert, Corey Plover, examines a number of areas of personal injury, with a focus on how to maximise the assessment of damages while maintaining consistency between legal and actuarial principles.
- Wrongful death and dependency claims
- Revised personal consumption percentages, Routley v Norris [2016] NSWCA 367 and 5th edition revisions to Luntz’s Assessment of Damages for Personal Injury and Death
- Cost of fund management
- Alternate valuation approaches in spite of Gray v Richards [2014] HCA 40 and the appointment of public vs private trustees
- Superannuation losses
- Cross jurisdictional differences and approaches (Cremona, Jongen & Najdovski approaches)
- Sexual abuse claims
- Similarities and differences to other personal injury matters
Presented by Corey Plover, Actuary, Cumpston Sarjeant
10.00am to 11.00am: The Lawyer’s Handbook to the AMA Guides: Evaluating Permanent Impairment
Now that the AMA Guides to the Evaluation of Permanent Impairment is the gold standard for determining permanent impairment in Australia, legal practitioners need their own practical guidance on navigating the framework and calculating a properly completed impairment rating report. This session is your comprehensive guide to interpreting and applying the guides, with a focus on working through real-life examples and scenarios to take into your own practice.
- Interpreting the guides
- Application of the guides
- How to maximise an impairment claim
- Worked examples: upper and lower extremities, scarring and digestive system and psychiatric impairment assessments
Presented by Sha Hotchin, Special Counsel and Legal Practice Manager, Shine Lawyers
11.00am to 12.00pm: Maximising the Success and Value of Your Client’s Claim
Rob Taylor, a practitioner with more than 36 years of experience in personal injuries litigation, the last 28 as a barrister, will break down how you can maximise your client’s claim. In this unique session, Rob will share his insights on:
- Maximising your chances for success and the pitfalls to avoid
- Increasing the value of your client’s claim
- Effectively preparing a claim for an injured Plaintiff
- Heading off or minimising the effect of the Defendant’s evidence or tactics
Presented by Rob Taylor, Barrister, Jack Shand Chambers
Presenters
Clorey Plover
Corey joined Cumpston Sarjeant in 2002 following attainment of an Honours degree in Actuarial Studies. He has since qualified as a Fellow of the Institute of Actuaries and has gained a wide experience in a variety of actuarial areas. He has performed valuations services for lawyers since 2002 and is highly proficient in the history and calculation of fund management awards, having provided comparison tables and calculators to public and private managers and calculations of uplifts for court settlements in NSW, Victorian, Queensland, Western Australian and Tasmanian cases since 2005. He also provides regular advice to a variety of general insurance clients in areas of provision setting, premium rating and capital management.
Sha Hotchin
Sha Hotchin is the Legal Practice Manager of Shine Lawyers' Epping branch where she leads a team of legal professionals to provide guidance and advice for members of the local community who have suffered injustice. Upon graduating, Sha worked as a WorkCover Claims Officer for the Victorian Fire Brigade. This role exposed Sha first hand to the devastating impact of work-related injuries. She became inspired to fight for the rights of injured workers. Sha moved to a small city firm where she built a strong foundation in representing the little guy. She also spent 5 years running large, complex court cases for an international plaintiff litigation firm before joining the team at Shine in 2016. Recently, Sha's dedicated work ethic and legal expertise were recognised and she became a Law Institute of Victoria Accredited Specialist in Personal Injury Law.
Rob Taylor
Rob Taylor was admitted as a Solicitor in 1984 and as a Barrister in 1992. He has practiced for more than 36 years in personal injuries and associated litigation. As Counsel, Rob has appeared regularly in the Supreme Courts of NSW and ACT, the NSW District Court and the Compensation Court and Workers Compensation Commission of NSW. Rob has a large practice involved in preparation of and appearing for injured workers in Work Injury Damages claims and for Plaintiffs in Medical Negligence matters and Common Law claims. He also has a large practice in assisting in the preparation of Motor Accident claims and appearing at Assessments, mostly for injured Plaintiffs.
Michael Barnes
Michael’s depth of experience, ability to get to the heart of an issue and communication skills put him at the top of employment & industrial law and personal injury. Michael is recognised in the profession as a leading practitioner in these practice areas and is accredited by the NSW Law Society in employment & industrial law and personal injury. He has served on a variety of committees of the Law Society, including as part of the peer review process by which solicitors become accredited specialists in employment and industrial Law. He has been a partner at Carroll & O’Dea Lawyers since 2013 where he has a busy practice handling matters from a diversity of clients from all areas of New South Wales.