Psychological and Psychiatric Injuries: Diagnosis to Damages
As a personal injury lawyer, it’s crucial to have a good working knowledge of the legal technicalities confronting the making and defending of psychological injury claims. Attend this seminar to delve into the way the law treats the diagnosis of adjustment disorders and defines the concept of ‘normal fortitude.’ Catch up with the current state of play in workers compensation claims plus recent and key awards for psychiatric and psychological injury. 216N23
Description
Attend and earn 3 CPD units in Substantive Law
This program is based on NSW legislation
Chair: Hanaan Indari, Managing Partner, Carroll & O'Dea Lawyers; Author of the Lexis Nexis Personal Injury Law Manual Motor Vehicle Accidents Module from 2012-2015
2.00pm to 2.45pm When Can the Diagnosis of an Adjustment Disorder be Considered More than a Minor Injury?
- What is an adjustment disorder and how does it present?
- What facts influence the assessment of the degree of injury?
- Evidence gathering: the key to putting your best foot forward
Presented by Maria Gerace, Barrister, Maurice Byers Chambers
2.45pm to 3.30pm Section 32 of the Civil Liability Act 2002 and the Definition of a Person of “Normal Fortitude”
- Normal fortitude” and foreseeability
- Is ‘normal fortitude” a precondition to liability?
- The concept of “normal fortitude” contrasted with the concept that “a tortfeasor must take the victim as the victim is found”
Presented by Eraine Grotte, Barrister, Jack Shand Chambers
3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm Workers Compensation Claims for Psychiatric Injury
- What is psychiatric injury: how to present the injury and ss 4 and 9A
- Expert medical evidence
- Section 11A Defence
- 151A and discrimination cases
Presented by Thomas Felizzi, Associate, Carroll & O’Dea
4.30pm to 5.15pm How Much is it Worth? Proof and Damages in Psychological Injury Cases
- The fundamentals to establishing a psychiatric injury claim
- Pre-existing conditions and malingering, and how to overcome or prove them
- Neuro-psychometric and other tests
- Awards for non-economic loss
Presented by Simon Grey, Barrister, Maurice Byers Chambers
Presenters
Hanaan Indari
As an expert litigation partner, Hanaan Indari has successfully conducted many thousands of cases since joining Carroll and O’Dea in 1997. Hanaan is the Managing Partner of Carroll & O’Dea and leads a busy practice. She also supervises a team of lawyers in the Sydney and Wollongong offices. Hanaan’s expertise includes litigation, insurance disputes, motor accidents, public liability, medical negligence, workplace injuries and estates litigation. She excels when challenged, absorbing the full complexities of a brief rapidly, and able to devise a winning strategy, both in and out of the courtroom. She appears regularly before the District and Supreme Courts and a variety of commissions.
Maria Gerace
Admitted as a solicitor in 1992 and called to the Bar in 2005, Maria Gerace has more than 25 years’ experience in civil and personal injury litigation including class actions. Maria Gerace has had experience in the settlement of over 500 matters. Maria Gerace accepts work as a mediator in: Business and property disputes; Personal injury and medical negligence claims; and Strata, building and construction disputes. Maria Gerace is the author of "A practical guide to mediating high conflict disputes", peer reviewed and published in the Australian Dispute Resolution Bulletin.
Eraine Grotte
Ms Eraine Grotte has in excess of 30 years' experience as a legal practitioner, in a variety of capacities. Ms Grotte commenced practice as a barrister in 2012. Her practice areas include workers compensation/personal injury, administrative law/judicial review, discrimination (state and Federal jurisdictions), refugee law/judicial review applications. She has previously been a Lawyer Member of the NSW Mental Health Review Tribunal since 2008. Previously, Ms Grotte worked as a Senior Lawyer/Acting Principal Lawyer at the NSW Independent Commission Against Corruption, as a Senior Legal Officer/Conciliator of the former Human Rights and Equal Opportunity Commission, and in private practice as a solicitor.
Thomas Felizzi
Thomas Felizzi works in the compensation team at Carroll & O’Dea Lawyers. Thomas is dedicated to keeping his clients informed while building strong relationships and achieving effective outcomes for their matters. He has worked on Stolen Generations matters and helps clients attain apologies and compensation for the wrong they have suffered as a result of being removed from their family. He has described the experience as a steep learning curve and an opportunity to learn about the first people and culture of Australia.
Simon Grey
Simon was called to the bar in May 2019 and has a keen interest and growing practice in tort cases, particularly medical negligence, public liability and institutional abuse claims, as well as intentional torts. At the bar he has acted for plaintiffs and defendants including individuals, the Commonwealth and Police. Simon started his legal career at Carroll & O’Dea Lawyers, primarily acting for plaintiffs in personal injury cases and then spent about 4 years acting at Crown panel firms for NSW Health and NSW Police in their torts teams. He also worked in a commercial litigation team at Clifford Chance in London, one of the world’s largest firms. Simon graduated with honours from Macquarie University in 2012 where he topped Advanced Torts.
Venue
The Grace Hotel
77 York St
Sydney 2000
NSW
Australia