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PROFESSIONAL NEGLIGENCE

Our Professional Negligence Lawyers are strong litigators and work hard to enforce all our clients legal rights against a negligent party. If you have hired a professional advisor to assist you, and the advice you received is below the standard expected by the law, you may be able to seek compensation. Very often, litigation can be avoided and the claims can be settled out of Court.

I suffered damage/loss from relying on a professional, what are my rights?

How long do I have to commence a claim against a negligent professional?

A professional I relied on won’t take any responsibility, what are my options?

I’ve lost money but I am unsure if I received negligent advice. Can you help?

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Professional Negligence

If you have suffered financial loss because of the poor advice or negligent services provided by a professional, you may have a basis to make a claim for compensation.

 

Professionals owe their clients a duty to act with reasonable care and skill. If a fails to meet such standards, clients may have a legal basis to claim compensation for any financial loss suffered.

 

A claim for compensation is usually the only way to recover loss resulting from a professional’s negligence. If you want to know whether you have a basis to make a personal injury claim, our Professional Negligence Lawyers can help you.

What is professional negligence?

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

 

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

  • a duty of care was owed to the client by the professional;
  • the professional breached their duty of care; and
  • the client suffered loss, damage, or other injury.

 

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

Which professions fall under professional negligence?

A professional can include any person who promotes themselves as having a particular skill or expertise in an area. Examples include:

  • Accountants;
  • Agents;
  • Architects;
  • Auditors;
  • Bankers;
  • Building consultants and builders;
  • Consultants;
  • Conveyancers;
  • Doctors;
  • Engineers;
  • Financial planners;
  • Lawyers;
  • Medical and legal practitioners;
  • Real estate agents & valuers;
  • Surveyors;
  • Trustees; and
  • Veterinarians

 

Time limits apply in bringing a claim for negligence, so if you or your business is affected by possible professional negligence, it is prudent to seek legal advice as soon as you suspect such a possibility.

How to make a claim for professional negligence

If a professional has breached their duty of care or failed to exercise reasonable care, you may be entitled to claim compensation. Compensation for any losses and/or injury due to professional negligence may include:

  • Legal costs;
  • Professional service expenses;
  • All past and future financial loss;
  • Expenses resulting from the negligence; or
  • Medical negligence.

 

In the case of medical negligence, a medical practitioner is liable to provide other out-of-pocket expenses including:

  • Cost of pharmaceuticals;
  • Counselling;
  • Rehabilitation equipment;
  • Compensation for loss of income; or
  • Pain and suffering.
  •  

A claim for compensation cannot be granted in cases where no loss or injury has been suffered even though the advice or service provided was negligent.

Commencing a professional negligence claim

Due to the impact that a professional negligence claim can have on a professional’s business and/or their reputation, they are likely to defend the negligence claim to limit their personal liability.


Engaging experienced litigation lawyers will assist you in pursuing the compensation you seek.

 

At Executive Lawyers, we go above and beyond for our clients. We are results driven, and focus on executing strong strategies to achieve the right outcomes for you and your business.

How much time do I have to make a claim for professional negligence?

There are strict time limitation periods which apply to making professional negligence claims.

 

Limitation periods can vary depending on the type of claim. However, most limitation periods are six (6) years for purely economic loss claims, and three (3) years for personal injury. Accordingly, it is very important to seek legal advice as soon as you suspect a professional falling short of their obligations to you.

Defending a professional negligence claim

Professional negligence claims are serious, costly, and can damage your reputation permanently if not dealt with quickly. If your business has a professional negligence claim brought against it, the Professional Negligence Lawyers at Executive Lawyers can assist you, by advising you of your options, and aggressively defending you and your business in any legal proceedings.

 

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 may have, and achieve the best resolution available to you.

Call us today

Need to speak to a Lawyer about a professional negligence claim? Call us today on (03) 8376 6209 for a confidential discussion.

Frequently Asked Questions

It is a condition for most professional practicing licenses that the professional holds professional indemnity insurance. The professional indemnity insurance should assist the professional in satisfying any sum awarded in any professional negligence claim.

Working out if a professional has been negligent can be a complex process. We can review your circumstances and advise whether you have a claim, and whether it is worth pursuing.

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. We can review your circumstances and advise on the likely sum that you may be able to claim.

The length and duration of a claim is difficult to estimate as it depends on a number of factors, including the complexity of any factual dispute, the extent of your financial loss, and whether the professional’s insurer disputes liability for your claim. The timeframe of any such claim can also be reduced substantially where the parties are able to reach a negotiated resolution of the claim.

No, but you may find yourself at a disadvantage, particularly when initiating a case against a professional, attempting to prepare legal documents which set out the full scope of your claims and relief sought, and in dealing with the insurer. Insurers will typically utilise a lawyer to defend your claim.

 

Our Professional Negligence Lawyers at Executive Lawyers can assist you in determining whether a professional has failed in their duty of care owed to you, your eligibility to initiate a claim, your prospects of success in seeking compensation and the likely value of any such compensation.

We make things easy, efficient, and worry-free. Talk to us today.