Have you received negligent service or advice?
Professional negligence claims are serious and often complex matters that can be both costly and damaging to a professional’s business and their reputation.
What is Professional Negligence?
If a professional fails to give you correct advice, or fails to give you advice on a certain issue, they may have acted negligently.
Some common examples of professionals include (but is not limited to):
- Accountants and Bookkeepers
- Architects and similar
- Brokers (All types)
- Consultants (All types)
- Doctors (All types)
- Engineers and similar
- Financial Advisors (All types)
As a consumer of professional advice, you are entitled to expect a professional to undertake reasonable care and skill in giving you advice and exercise a degree of skill which is higher than that of the average person.
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.
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If you have any questions regarding any of our services, or just need a question answered about professional negligence claims, then make an enquiry and our Litigation Team will be in touch with you as soon as possible.
What Are the Requirements for Making a Professional Negligence Claim?
To successfully bring a claim for professional negligence, there are a number of elements that must be satisfied in order to prove that a professional has indeed acted negligently in providing professional services.
To successfully prove a claim in professional negligence, a plaintiff must establish that:
If all the above elements are satisfied, a successful claim in professional negligence will generally entitle 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.
How Long Do I Have to Make a Claim?
Australian legislation imposes strict statutory limitation periods that will limit the timeframe you may 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.
The Claims process
Commencing a Professional Negligence Claim
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.
Defending a 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.
We can help you
Gibbs Wright Litigation Lawyers can help you understand and navigate the process of bringing about, or defending, a claim for professional negligence.
Our Litigation Team has extensive experience in fighting and negotiating different types of professional negligence disputes. Whether you require a skilled negotiator or someone to ruthlessly argue your matter in court, our team of experienced professional negligence lawyers are here to fight for you.