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Personal Injury Litigation (LAWS90260)

Graduate courseworkPoints: 12.5On Campus (Parkville)

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Overview

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November
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This subject builds on students’ understanding of tort law and its alternatives, and in so doing exposes them to the practice of law on behalf of plaintiffs severely injured - perhaps in the workplace or in motor vehicle accidents. The doctrinal focus of the subject will be on personal injury compensation schemes. Students will ply and develop their statutory interpretation skills in learning how personal injury compensation regimes have been implemented – both through complaint and resolution before the courts. With a solid grounding in compensation schemes, students will progress to discuss how to use these areas of law for clients severely injured in accidents. Students will be exposed to theoretical, practical and experiential appraisals of client centred lawyering, the acquisition and presentation of expert evidence, and the process and resolution of compensation claims. In this sense, the subject presents modules that enable students to learning the law and to learning about the practice of the law.

Intended learning outcomes

A student who has successfully completed this subject will have developed:

  • A doctrinally grounded understanding of the operation and contemporary legal issues around workplace injury compensation schemes and road traffic compensation schemes.
  • An enhanced ability in interpreting statutes and a practically and contextually informed understanding of court rules and processes, especially on matters concerning expert evidence.
  • A practical understanding and a self-awareness of their capacity to act on behalf of a severely injured client in advancing a compensation claim or in a court proceeding.
  • An appreciation of the relevance of different disciplines and expertise to the application of the law, including medicine, psychiatry, and technology.
  • A critical understanding of how the law reaches resolutions and the role and agency of various actors in the legal process.

Generic skills

  • Legal analysis and problem-solving skills, including responding to a scenario using well founded legal thinking and demonstrating an understanding and application of statutory interpretation and civil procedure principles.
  • Personal and professional skills, including presenting information, advice and submissions to judges, clients and peers, and self-reflection on performance and the capacity to act as a plaintiff lawyer and the function of the plaintiff lawyer in the pursuit of justice for their client.
  • Client centred skills, including empathy and communication skills, especially when engaging with various actors in the legal system.
  • Legal practice skills, including an understanding and exposure to experiences in acting for a vulnerable client and eliciting expert evidence.

Last updated: 31 January 2024