A professional relationship with experts that you’ve hired will not always be smooth-sailing. There will be times that you’ll go through some bad phases or losses because of some negligent actions on your part. And when that happens, there’s nothing else to do but to file professional negligence claims and bring them to court.
Professional negligence claims are extremely complicated to go through. That’s why you have to at least study some bits and pieces about it and hire a litigation team to back you up.
Below are some FAQs that we’ve compiled and answered to give you an idea about this long and laborious process.
FAQs About Professional Negligence Claim
1. What Is Professional Negligence?
Professional negligence is what happens when an architect, accountant, bookkeeper, dentist, doctor, or other professionals acted negligently during your professional relationship with them.
If they failed to provide you with the right and sound advice regarding an issue, that can also be considered professional negligence.
Keep in mind that every time you hire somebody, you are entitled to a kind of service that’s done with reasonable care and a certain degree of expertise. After all, it’s the reason why you hired a professional and not just some random average person, right?
Once they’ve failed to provide that and started acting negligently that caused you some financial losses, or worse, injuries, that’s when you can file a case.
2. What Makes A Strong Professional Negligence Claim?
If the professional you hired simply made a poor decision that didn’t cause any significant effect on your part, you might need a stronger claim than that.
There are elements to professional negligence claims that must be considered and proven for a successful claim. Below are some of them:
- The professional owes you the “duty of care”
- The professional neglected that duty
- The act of negligence resulted in financial losses, damage, and injuries
Once you’ve established these elements, you have a great chance of winning the dispute. And once it’s decided that there was, in fact, negligence on the part of the professional, you will receive proper compensation.
This payment is equal to the losses and damages that you suffered from. It may also include future financial losses that are linked to the act of negligence, the legal costs, and other expenses that you’ve spent in the process.
3. What To Do If You Want To File Professional Negligence Claims?
The very first step to take, and probably the most important one, is to seek help from competent legal teams like the Gibbs Wright Litigation Lawyers. These litigators can help you establish a strong case against the professionals that did you wrong.
Also, keep in mind that you’re going against professionals who probably have their own team of experts, too. So in this dispute, you will need a solid team to back you up and make sound arguments for you. This way, you can achieve the result that you’re aiming for.
4. When Should You Make A Claim?
Australian legislation imposes limitation periods when it comes to professional negligence claims. And it’s a case-to-case basis. Depending on what jurisdiction you are in or the type of negligence done, the amount of time given to you to file a case will vary.
Take Queensland for example. If the negligence was done there, normally, their legislation will give you a maximum of six years from the date of the negligent act.
Meanwhile, if the action resulted in injuries, you have only three years to file your claims.
But just like in any other rule, there will always be exemptions to the rule. So it would be better if you seek legal advice from competent litigators to make sure that you get that compensation that’s rightfully yours.