Brisbane: (07) 3221 4999
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Level 1/420 George St,
Brisbane 4000
(07) 3221 4999
Gold Coast
44 Davenport St,
Southport 4215
(07) 5532 3133
24 Hour Crime Line
0488 999 980 or 18004POTTS







Compensation & Insurance Law

Potts Lawyers > Compensation & Insurance Law

Compensation and insurance are two areas of law that are closely linked. In a perfect world, you will be insured for the accident that the compensation claim arises.

Our litigation team at Potts Lawyers has decades of experience in all fields encompassed by insurance law and compensation claims.

We have acted on all sides, be it for the injured party, the insured party, insurer, or the uninsured respondent to the claim. It is this all round experience that makes us best suited to protect your interests, as we have the knowledge and insight into the tactical approaches utilised by each party in negotiating a resolution to the dispute.

Previously, our team has acted in insurance disputes incorporating various industries such as construction, transport, maritime, farming & agribusiness, medical & pharmaceuticals and the like. Within these industries, we are also well practiced in personal injury matters arising from any public, workplace or motor vehicle accident.

Nowadays, our focus lies on defending such claims for insured, self-insured or uninsured clients.  We have successfully argued indemnity or coverage for our clients under their respective insurance policies, or if no insurance policy will respond, we argue the minimum compensatory damages award possible all the while being conscious of the legal costs incurred by our client.  Often, it is the exercising of a balance between settling a claim both cost effectively and time efficiently.

If you are facing an insurance dispute on an issue of indemnity, or a compensation claim allegedly arising from public liability or professional negligence, contact the litigation team for preliminary advice as to how we can assist you.

Professional Indemnity

As a professional, you will likely hold an insurance policy covering you for negligence arising out of your practice.

Within your practice or business, there may come a day where a negligence claim is brought against you for a potential breach of duty, or an allegedly negligent act.  At Potts Lawyers, we are experienced in such matters involving both professional indemnity and professional negligence.

In a professional indemnity matter, we will review your insurance policy and provide our advice as to the coverage it affords.  Often, professionals are insured for negligence, providing the alleged incident does not arise from an intentional or criminal act.  Sometimes, the insurer may be quick to deny indemnity under their policy.  In the event your insurer has denied indemnity, we are able to argue coverage on your behalf, depending on the circumstances and the policy wording.

You may be insured, self-insured or uninsured.  In either scenario, the alleged negligent act or omission may see that you are liable for the resultant incident, and facing a claim for compensation.  In these circumstances, we can argue that your actions were not negligent and provide supporting evidence to that effect, thereby denying liability for the incident.  Otherwise, we may also argue contributory negligence on behalf of the claimant so that the potential compensation amount is reduced.

There are many factors that govern compensation claims arising from alleged professional negligence.  Ultimately, if negligence is found, you may also be exposed to disciplinary proceedings into your conduct which will have an affect on your ability to practice into the future.

As we have acted for all sides in the story, be it the injured party, the professional or the insurer, we are across the tactical approaches engaged by all parties.  We can also foresee the potential disciplinary consequences arising from the alleged negligent act or omission, and so any negotiation will be focused on protecting your interests not just in respect of the alleged incident but also, with a view to minimising any further consequences down the track.

It is this depth of knowledge and insight that makes our litigation team best suited to argue on your behalf, and protect your interests in all aspects.  If you find yourself the subject of an indemnity or negligence dispute in your professional capacity, contact the litigation team at Potts Lawyers for advice as to how we may assist you.

Public Liability

If you have a relevant insurance policy, it will likely contain a public liability component, protecting you or your business against claims for compensation arising from a third party’s personal injury or property damage.

It is this section in your insurance policy that responds to third party claims arising from your professional or business activities.  Arguably, the public liability section is the most important provision in your insurance policy as it protects you from having to pay legal, court or compensation costs from your own pocket should you be indemnified under the policy.

Our litigation team at Potts Lawyers has acted for individuals, companies and insurers in respect of issues arising from public liability.  If you are confronted with a public liability claim for compensation please do not hesitate to contact the litigation team at Potts Lawyers.  We may assist you in seeking indemnity from your insurer, or may act on your behalf should you be self-insured, or even act on behalf of your insurer in responding to the claim on your behalf.  In either scenario, our aim is to protect your interests.

Defending a Personal Injury Claim

Together, our litigation team has decades of experience in personal injury law, acting for claimants, insurers and uninsured respondents, and involving either public liability issues, motor vehicle accidents and workplace accidents.  Nowadays, our client focus falls on individuals or companies who are required to respond to claims.

Should you be served with a personal injury claim, it is important you seek legal advice straight away, as time limitations apply with respect to your response.

In a perfect scenario, you may hold a relevant insurance policy that will respond to the claim on your behalf.  Even if your insurer initially refuses to cover you under the policy, depending on the circumstances surrounding the alleged incident and the policy wording, we may provide submissions to your insurer as to why they should indemnify you.

Sometimes you may be excluded from coverage under the insurance policy should a criminal charge or conviction give rise to the cause of the injury.  Similarly, you simply may not hold a relevant insurance policy and will need to respond to the proceedings yourself.

In those circumstances, we are also able to assist in protecting your interests and defending the matter on your behalf.  At the outset, we will advise you on the procedural aspects governing personal injury claims, and your preliminary prospects of defending the claim in terms of whether you are liable for the incident or not.  We will also advise you of the factors that may impact upon the compensation amount that may ultimately be payable to the claimant.

Given strict time limits do apply, we urge you to contact Potts Lawyers in the event you are served with a personal injury claim.

Boat & Jetski Accidents

We can assist in providing legal advice on boating and jetski accidents giving rise to property damage or personal injury claims, insurance disputes, employment claims by crew, and disputes with marinas and waterways authorities.

Unfortunately, every year we act in matters involving vessels colliding or seriously injuring people.  We can assist you make the appropriate reports to maritime authorities and at the same time protect your legal interests.

It is important to realise, that unlike cars, a vessel’s annual government registration does not include compulsory third party insurance.  Unfortunately, this means that without comprehensive boat or jetski insurance, you may be uninsured for both property damage or personal injuries to others.

If you need legal advice regarding maritime law or an issue involving the use of your boat or jetski, please contact us so that we can discuss how we may assist.

Do you need legal help? Contact us now.

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