QLD Is This Negligence on My Lawyer's Part?

[MATT94]

Hi everyone, if someone can please give me an idea of my chances, it would be most appreciated.

I injured my shoulder at work whilst on a building site performing work for one of our customers. I made a claim on my employers workcover. I had a operation and 2 months of work.

My shoulder never got better. 2 years later, I spoke to a lawyer about a common law claim. He said it would be a PIPA claim as the injury was on our customer's property and the limitations was 9 months unless I had a good excuse.

I said I was always under the impression if I decided to sue it would be my employer and workcover as they were paying for every thing after the injury. He said that he would roll with that.

It is a no win no pay deal and was assured I would not pay a cent if I lose. I signed up and 6 months later being today I received an email saying the respondents demanded I make a formal application to the court to see if the matter is even allowable because of the late claim. My lawyer said the proceedings is next week and I don't need to attend and if the judge knocks it on the head, I will have to pay costs.

It's not looking good and I'm very stressed. Is this not negligence or misconduct on my lawyer's part for not informing me this was very likely to happen?

I would not have pursued the matter if I knew this was the case. Can I now pursue my lawyer for costs if this falls over?

Regards

 

[Rob Legat - SBPL]

There is way too much detail missing from this for anybody to give you a credible answer, and this site is not the place that you're going to find it in any case. If your lawyer is in any way competent, they will have covered this possibility in their initial retainer documents - especially since you say they initially flagged the possibility that you may be unsuccessful. Whether they are in any way competent, I can't tell. Perhaps you should ask them the questions?

 

[MATT94]

There is way too much detail missing from this for anybody to give you a credible answer, and this site is not the place that you're going to find it in any case. If your lawyer is in any way competent, they will have covered this possibility in their initial retainer documents - especially since you say they initially flagged the possibility that you may be unsuccessful. Whether they are in any way competent, I can't tell. Perhaps you should ask them the questions?

Hi Rob

Thanks for your reply, my lawyer did not say my claim could possibly unsuccessful because of the late lodgements , he was rather nonchalant about it.

My point is he would have known the other party would request me to make an application to the court and I would have to take the costs if unsuccessful. I have researched this and it looks like it was a given.

Then been told the court date is set and not giving me the choice to say no has concerned me