Professional negligence claims

Professional negligence

Are you suffering financially because of a professional's negligent services?

For the Queenslanders who have suffered substandard service from a professional, when a duty of care is owed: we are here to fight for you.
As an Australian consumer of professional services, you are entitled to expect a professional to undertake reasonable care in giving you advice and to exercise a degree of skill which is higher than that of the average person.

If you have suffered financially, because of a professional’s negligent actions, get in touch with our team of litigation lawyers at Gibbs Wright to discuss your case. We offer an initial no cost, obligation free  consultation to discuss the merits of your case.

Types of professionals

Claims of professional negligence can be made against:

  • Financial advisors, stockbrokers and accountants
  • Government organisations and their representatives
  • Information Technology (IT) consultants
  • Insurance brokers
  • Lawyers and legal practitioners
  • Mortgage brokers, real estate agents and property valuers
  • Pest inspectors
  • Tradespeople, including builders, construction workers, architects,  surveyors and engineers
  • Any professional deemed to have breached their duty of care

Looking to resolve a professional negligence dispute?

At Gibbs Wright Litigation Lawyers, we offer an initial no-cost, obligation-free consultation to help you understand your options. We’re here to fight for you.

Definitions

What is professional negligence?

A professional will not necessarily have acted negligently simply because they have made an error in judgement. However, what is considered “reasonable care and skill”, and what will amount to negligence, will vary from matter to matter depending on the service that is being offered. Our lawyers at Gibbs Wright can assist you in navigating this section of your claim.

Professional negligence is when a professional owes a duty of care and breaches their responsibilities. Negligence also includes failing to give you correct advice, failing to give you advice on a certain issue, and failing to give you advice within a reasonable time (limitation periods).

To successfully prove a claim in professional negligence, you (a plaintiff) must establish that:

a duty of care was owed to the plaintiff by the professional

the professional breached their duty of care

the plaintiff suffered loss, damage or other injury

If all the above elements are satisfied, a successful claim in professional negligence will generally entitle you (the plaintiff) to claim compensation for any loss or damage suffered as a result of the negligence.

This will generally include legal costs or other professional services expenses reasonably incurred in the process of establishing a professional negligence claim, and may occasionally also include potential future financial losses or expenses that are likely to accrue as a direct result of the negligence.

Professional negligence lawyers

How can Gibbs Wright help?

In most cases, our professional negligence lawyers will make every effort to settle your matter through negotiations. This negotiation is typically with the professional’s indemnity insurer and or legal representative.  If negotiations are not possible or fail to reach an adequate resolution, the matter can proceed to court.

Our litigation lawyers at Gibbs Wright understand the commercial strategies that insurance companies employ in professional negligence claims, and we are capable of helping you through the negotiations and potential litigation that your case may face.

The bottom line is that if a professional’s negligent behaviour has impacted your life, we can be there to hold them accountable for their actions.

We are civil & commercial litigation lawyers

Why choose Gibbs Wright

There are hundreds of law firms in Queensland, but only a handful of them focus solely on litigation, and fewer still have the necessary skill and understanding to deliver commercially viable results for your matter.

At Gibbs Wright, we exclusively practice in litigation and dispute resolution, and as a client of ours, we want you to feel confident that you will receive unparalleled service and dedication for your dispute.

Our firm represents both plaintiffs and defendants across Queensland, in a wide range of litigation and dispute matters, and no case is too small, too large or too complex for our lawyers to take up the fight.

Whether you are an individual or one of Australia’s largest companies, your case deserves the same level of attention and dedication – and that is what we strive to provide to each and every client.

Commercially viable outcomes

High success rate

Brisbane-based Litigation Team

Dedicated litigation firm

Direct contact with your lawyer

Outstanding Client Satisfaction

Outstanding client satisfaction

Brisbane-based litigation team

Proud member of:

We help resolve professional negligence claims

Gibbs Wright acts on behalf of those who have suffered financially because of a professional's failure in their duty of care.

budget, financial, project, accounting

Negligent accounting

helmet, safety, construction

Negligent construction work

bill, tax, invoice

Financial advisor negligence

price, house, real, estate

Real estate negligence

The process

The claims process

Professional negligence claims are often highly complex matters. Professionals generally have a duty of care to provide you with the best possible guidance they can. Due to the impact a professional negligence claim is likely to have on a professional’s business and/or their reputation, most professionals that have been accused of professional negligence are likely to put up a strong fight to limit their personal liability as much as possible.

Accordingly, you will need to build a strong case with solid arguments – and you will need someone with vigorous negotiation skills to push your case forward and get you the results you want. It is important that you engage experienced litigation lawyers early on that will fight hard for you from the get-go so that you can be confident in the outcome of your case and know that you will receive the compensation you deserve for the loss and damage that you have suffered.

At Gibbs Wright Litigation Lawyers, we go above and beyond for our clients. You can rest assured that we will provide you with exceptional litigation and dispute resolution services at all stages of your matter – from initial negotiation stage all the way through the final stages of a courtroom trial – to ensure you are successful in your professional negligence claim.

If you have been accused of professional negligence, this can be extremely damaging for your business and your professional reputation. Professional negligence claims are very serious matters, and the consequences of neglecting to properly defend a professional negligence claim can be severe.

The reasonable standard of care and skill that a professional owes to their clients will vary from situation to situation. Just because you have been accused of professional negligence, it does not mean that you are necessarily guilty of professional negligence, nor does it necessarily mean that the person accusing you of professional negligence automatically has the right to claim compensation from you.

If a professional negligence claim has been brought against you, it is important that you receive competent legal advice early on to limit any liability you might have.

At Gibbs Wright Litigation Lawyers, we have extensive experience with all different kinds of professional negligence claims. We have the skills and knowledge required to assist you in achieving a favourable resolution to your professional negligence dispute in order for you to salvage your professional reputation.

Professional negligence questions

Frequently asked questions

What you can claim in a professional negligence case will depend on whether your case is resolved through negotiation and mediation or through the Queensland courts.

For claims that reach the Queensland courts, compensation is usually awarded based on the amount that is required to return you to your financial position prior to the event that caused the professional negligence claim.

For privately negotiated matters, it varies based on the type of insurer and opponent.

In both situations, our team at Gibbs Wright can advise you as the case develops on what kind of outcome you can expect from your claim. And we measure our success by a positive result for you.

Professional negligence claims are rarely resolved by a judge because they are frequently settled out of court through negotiation and mediation.

If your claim does result in a courtroom showdown, our team of litigation lawyers at Gibbs Wright is well prepared to face a challenge on your behalf.

Unfortunately, without all the details of your case, we cannot give you an exact idea on how long your case may take. The length and duration of a claim depends on the extent of your financial loss, whether the professional’s insurer disputes liability for your claim and whether expert evidence will be needed regarding how the work should have been performed.

Our professional negligence lawyers at Gibbs Wright can determine whether a person or business that has provided you with a service has failed in their duty of care. We undertake a thorough examination of your case, its eligibility and avenues for potential claims, all the while minimising your potential risk.

No, but you may find yourself at a disadvantage when initiating a case against an insurer. Insurers generally have a lawyer of their own whom they will receive advice from and they will have experience in defending similar claims to yours.

If you’re worried about contacting a lawyer because of the costs surrounding your case, we offer an initial no cost, obligation-free consultation so you won’t be out of pocket by having a conversation with us regarding your case.

The amount of compensation you receive for a professional negligence claim will depend on your individual case, the severity of injury or loss of finances. To get an understanding of how much compensation you may be entitled to following a professional negligence claim, contact one of our lawyers today.

The process

How long do I have to make a claim?

Australian legislation imposes strict statutory limitation periods that will limit the time you have to bring a professional negligence claim.

In Queensland, the Limitation of Actions Act 1974 stipulates that claims for negligence must be commenced within six years from the date on which the negligent action occurred, except in circumstances where the negligence involves personal injury, in which case the claim must be commenced within three years from the date the cause of action arose.

Some limited exceptions to these rules do apply.

Make sure you obtain legal advice as soon as possible if you have been the victim of professional negligence to ensure you don’t lose your right to receive compensation for any loss you have suffered.

Testimonials

What our clients say

"These guys are fantastic. Extremely fast to respond with invaluable expertise and assistance. They helped resolve my dispute in the most cost effective and timely manner. Billing was extremely reasonable for the service."
Paul Cleveland
"Highly recommend Spencer and his team ..... took what was a very stressful time of my life and made it that much easier to deal with. The best possible advice leading to the best possible outcome for me. Thank you so much !!"
Simone Douglas
"Mitchell and the team at Gibbs Wright helped me out with a family situation....response time was great, no delay. Would recommend 100%."
William James

Our people

Meet our litigation team

Yusuf Furgan
Senior litigation solicitor

Meet Yusuf

Yusuf combines his formidable legal research and problem-solving skills together to resolve employment and commercial disputes.

Rebekka Hallberg
Senior litigation solicitor

Meet Rebekka

Rebekka is dedicated, driven, and an out-of-the-box type thinker, who assists our clients in a wide variety of litigation and IP matters.

Melany Dowse
Special counsel

Meet Melany

Melany represents a range of clients from individuals and small businesses to body corporates and insolvency practitioners.

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