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Santos Place, Level 6, 32 Turbot Street,
Brisbane 4000
(07) 3221 4999
Gold Coast
44 Davenport St,
Southport 4215
(07) 5532 3133
24 Hour Crime Line
0488 999 980 or 18004POTTS







Negligence & Insurance Law

Potts Lawyers > Negligence & Insurance Law

Negligence occurs when a party owes a duty of care to another party, fails to take reasonable care thus breaching its duty, and subsequently causes loss or damage to the other party.

In a perfect world, you will be insured for the accident or negligent act that the property damage or compensation claim arises.

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

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.

Nowadays, our focus lies on defending negligence 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 property damage or compensation claim allegedly arising from negligence negligent act, 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 loss, 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  act on your behalf should you be self-insured, or even act for your insurer in responding to the claim on your behalf.  In either scenario, our aim is to protect your interests.

Marine Vessel, Boat & Jetski Accidents

We can assist in providing legal advice on boating and jetski accidents giving rise to property damage or compensation 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 ship, 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 marine vessel, please contact us so that we can discuss how we may assist.

Do you need legal help? Contact us now.

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