- About Lawpoint
- Business Matters
- Debt Collection Lawyers
- Defending Claims for Debt Recovery
- Drafting and Advising on Credit Forms and Terms of Trade
- Drafting and Enforcing Security Documentation
- Drafting Statements of Claim and Other Court Documents
- Enforcing Judgements
- Issuing Garnishee Notices, Writs for the Levy of Property or Land to Enforce Judgement
- Letters of Demand
- Negotiations Seeking Recovery of Outstanding Debts
- Negotiated Settlements/Mediations
- Obtaining Default Judgement
- Learn More
- Commercial Litigation Lawyers
- Employer Lawyers
- Franchise Lawyers
- General Commercial Lawyers
- Asset protection and business structure
- Confidentiality agreements
- Contracts of employment
- General legal advice and legal services
- Guarantee documents
- Partnership agreements
- Policy and procedure documents
- Preparation of loan agreements, mortgages, and other security documents
- Risk management
- Shareholder agreements
- Sub-contractor agreements
- Terms and conditions of trade
- Learn More
- Commercial Property Lawyers
- Large scale development properties including put and call options, contracts and stakeholder agreements
- Mortgages and security documents
- Planning issues
- Property development issues
- Property disputes
- Property leasing
- Purchase or sale of property
- Strata issues
- Transfers of property to related parties
- Learn More
- Debt Collection Lawyers
- Personal Matters
- Compensation Solicitors
- Criminal Lawyers
- Family Law Solicitors
- Litigation Lawyers
- Property Lawyers
- Solicitor for Wills and Probate
- Client Reviews
Professional Negligence Claims Australia
Professional negligence cases Australia wide occur in many different settings. The common thread is that a professional providing services to a client fails to exercise a reasonable degree of skill and care and the client suffers loss as a result.
Examples of Examples of professional negligence claims include claims against lawyers for providing incorrect or incomplete legal advice or for failing to provide advice about an issue which they should have advised about. Professional negligence claims are not limited to claims against lawyers and can also include claims against any professional such as accountants, financial advisors, real estate agents architects or builders. They also include claims against health care professionals for medical negligence. You can read more about our medical negligence services here.
What is professional negligence?
When you engage a professional to provide services, you are entitled to expect that the person will provide those services in accordance with the accepted standards of that profession. A professional has a duty of care to provide the service to you with reasonable skill and care and in line with the standards set by his or her profession. If the services are provided without the required level of skill and care and below these applicable standards, it can result in significant financial or other loss.
- Specific examples of professional negligence are:
- Providing poor or incorrect advice;
- Poor drafting of documents;
- Unreasonable and unjustifiable delays that cause a person to miss important deadlines or milestones;
- Giving advice or preparing documents which are wrong as to material facts;
- Failing to give advice about a critical issue.
If this happens, it is important that you instruct professional negligence lawyers who are experienced in professional negligence cases Australia wide.. Each State has different laws in each jurisdiction so accurate professional negligence legal advice is essential.
What professional negligence compensation can I claim?
If you have suffered loss as a result of professional negligence, you may be entitled to damages. The purpose of these damages is to put you back in the position you would have been in had the professional negligence not occurred.
Sometimes, professional negligence can lead to more than pure financial harm and can also lead to physical injury as well. In those cases, different damages can be claimed such as past and future lost income, past and future treatment expenses, compensation for pain and suffering and compensation for permanent impairment arising from your injury.
When should you contact a professional negligence lawyer?
Claims for professional negligence are subject to strict time limits. For pure financial loss, court proceedings must be commenced within 6 years of the act of negligence. For personal injury, court proceedings must be commenced within 3 years. In limited cases, these strict deadlines can be extended however you should consult one of our professional negligence lawyers and we will provide you with an obligation free initial assessment of your professional negligence claim. We will:
- Take the time to understand you, your situation and the effect of the professional negligence on you and your family;
- Gather evidence to determine whether the professional was in fact negligent. This may include obtaining expert evidence from someone in the same field to see if the services were provided negligently having regard to the accepted level of skill and care of a professional in that field;
- Identify who is responsible. Sometimes, this can be more than one person;
- Submit your claim to the responsible person. If that person’s insurer accepts liability, we will try to negotiate the best possible out of court settlement for you;
- If the insurer rejects liability for your claim or is unwilling to settle out of court for the amount you deserve, we will prepare and represent you in a court claim to seek compensation for you;
- Always treat you with the compassion and understanding that you deserve.
No win, no fee costs.
Speak to one of our experienced professional negligence lawyers today. It will cost you nothing for Lawpoint to provide you with an initial obligation-free assessment of your professional negligence claim.
There are no upfront costs to you. If your claim proceeds, we will accept your case and we only get paid if you win or settle your claim. No win, no fee only applies to our legal costs. You will still need to pay disbursements (the expenses we pay to third parties such as experts for their report fee).
Why choose Lawpoint?
News & Views
Stay on top of the law and how
it applies to your life or business.
Have a personal legal matter you need help with? Contact us now.