Professional Negligence Lawyers Brisbane

If you believe you’ve suffered harm and financial losses because of a professional’s negligent services in Queensland, we will fight for you. With our expertise in litigation, we can help you get the settlement you deserve so you can get your life back on track.

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Do you need a professional negligence lawyer?

When you believe a professional, such as a lawyer, accountant, financial planner, building and pest inspector, brokers, real estate agents, or someone in a fiduciary role, has caused you harm or financial losses due to their negligence, speak to Gibbs Wright Litigation Lawyers.

We will fight for you, especially if you’ve already tried the negotiation path and it was proven to be unsuccessful.

We can help you sue for legal malpractice, accounting errors, financial planner misconduct, property inspection issues, and breaches of fiduciary duties that result in financial losses.

We do not bring claims for personal injury.

Our highly skilled litigators are prepared to fight for you in court to recover compensation for the losses you’ve incurred due to professional negligence.

Professional Negligence Claims We Handle

We work with individuals who are suffering financially because of a professional’s negligent services. We will fight for you in court if you have valid negligence claims against professionals like:

How to get started

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1

Tell us your
legal matter

Speak to one of our litigation lawyers via phone for free and provide the necessary details and documents so we can better understand your situation.
2

We’ll let you know
where you stand

If we think that you have a good argument, we’ll devise a strategy for you on how we will take on your matter, and give you legal guidance and a fee estimate. All for free.
3

You Decide

It’s ultimately your decision whether to hire us or not based on the strategy and fee estimate we gave you. There’s no obligation and no pressure to proceed.
1

Tell us your legal matter

Speak to one of our litigation lawyers via phone for free and provide the necessary details and documents so we can better understand your situation.
2

We’ll let you know where you stand

If we think that you have a good argument, we’ll devise a strategy for you on how we will take on your matter, and give you legal guidance and a fee estimate. All for free.
3

You Decide

It’s ultimately your decision whether to hire us or not based on the strategy and fee estimate we gave you. There’s no obligation and no pressure to proceed.

Why Gibbs Wright

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What we do is very simple: we sue people, defend people when they get sued and negotiate resolutions to disputes to prevent proceedings from commencing. It’s the only thing we do and we do it really well.

Having done this for many years, we know the law and the legal processes like the back of our hands. But more importantly, we know how to win. No matter the industry you’re in or how complex your situation is.
When we take on your legal matter, you know that our team of expert litigation lawyers will fight for you not just for the sake of it. We will fight relentlessly so you can get back to business as soon as possible.  

Hear it from our satisfied clients

Expert litigators, ready to fight for you.

Spencer Wright

Litigation Director

Spencer leads the strategic operations at Gibbs Wright, with a wealth of knowledge on Queensland law and business operations.

Melany Dowse

Special Counsel

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

Mitchell Caldwell

Senior Litigation Solicitor

Mitchell provides practical, accurate and timely advice and unique solutions to assist corporate clients, small businesses and individuals across a range of areas including property, contract, and construction disputes. Mitchell works closely with all the team members of the firm to ensure that Gibbs Wright delivers first-class legal service, advice and representation.

Emma Bettridge

Special Counsel

Emma is an experienced commercial litigator with a proven track record of success in complex commercial disputes. With a wealth of experience obtained in both boutique and tier one firms, Emma is dedicated to providing her clients with practical and solutions-oriented advice.

David Thomas

Litigation Solicitor
David has practised predominantly in the areas of building and construction, commercial litigation and dispute resolution. Prior to becoming a lawyer, David was a construction electrician in the mining and oil and gas industries working on some of the largest projects in Australia.

John Clemente

Litigation Solicitor

John’s commitment to his clients is unparalleled. He is deeply perceptive, ensuring that every client receives personalised and effective counsel.

Frequently Asked Questions

  • What is professional negligence?

    A professional will not necessarily have acted negligently simply because they have made an error in judgment. 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 causing you financial loss. Negligence often 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 (for example, regarding limitation periods).

  • What makes a professional negligence claim valid?

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

    • a duty of care was owed to you by the professional
    • the professional breached their duty of care
    • you 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 some or all of your 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 do you commence 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 reputation, most professionals who have been accused of professional negligence are likely to put up a strong fight to limit their 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. You must engage experienced litigation lawyers early on who 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 the initial negotiation stage through the final stages of a courtroom trial – to maximise your chance of success in your professional negligence claim.

  • What can I claim in a professional negligence case?

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

  • Do I have to go to court for my professional negligence claim?

    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 are well prepared to face that challenge on your behalf.

  • How long can a professional negligence claim take?

    Unfortunately, without all the details of your case, we cannot give you an exact idea of 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.

  • How can a lawyer help in a professional negligence case?

    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.

  • Do I need a lawyer to make a professional negligence claim?

    No, but you may find yourself at a significant disadvantage when initiating a case against an insurer. Insurers generally have  lawyers 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.

  • How much compensation will I get from a professional negligence claim?

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

  • 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 negligence claims 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.

    Separately from the limitation periods, it is often beneficial to commence proceedings as soon as possible, as it is often easier to recall conversations in specific detail, or to uncover documents and other evidence, which may otherwise be lost over time.

    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.

Explore your legal options with Gibbs Wright Litigation Lawyers - Brisbane’s Leading Litigation Firm.

Our expert litigators will let you know where you stand and give you legal guidance.