Negligence is established by identifying the standard of care owed to you and determining whether that standard was breached. The professional’s actions are compared against those of a reasonable person in the same circumstances. If it can be established that the conduct fell short of what is widely accepted practice within that particular profession, then negligence is likely to be established. For this purpose, we will look at relevant industry standards, or generally accepted professional opinions.
Finally, the losses suffered must be directly linked to the negligent conduct and not too remote. If the damage sustained was reasonably foreseeable and can in fact be attributed to the negligence, then this element will be satisfied.
Time limits apply for commencing a claim for professional negligence. Generally, this is six years from the date of engaging the professional or six years from the time the loss occurs. Interpreting when loss occurs can sometimes be complex as a loss may not be immediately apparent. Our lawyers will assess your circumstances and advise you on the relevant timeframes in your case, however the best advice is to act immediately you anticipate or become aware of a loss.
How is my claim settled?
In most cases, we will make every effort to settle your matter through negotiations with the professional indemnity insurer (or its legal representative) for the professional.
If the matter cannot be resolved through dispute resolution, our lawyers will advise on the implications of pursuing the matter in Court so you can make an informed decision.
If your case was to proceed to Court, all matters would be taken into consideration when determining whether negligence can be established.
Compensation may be awarded for financial loss, loss of profit, costs incurred to resolve any problems caused by the negligence, legal and other out of pocket expenses.
Our lawyers have a wealth of experience in professional negligence matters and are available to provide preliminary advice on the likely success of your claim.
How much will it cost? We offer ‘no win, no fee’* arrangements for these types of cases, which means that you don’t have to pay our legal fees unless your claim is successful. We believe anyone with a claim deserves access to legal representation, no matter their financial circumstances.
Legal costs will depend on the amount of work required to resolve your claim.
For more information on our No Win, No Fee* guarantee, contact our expert lawyers for a confidential and obligation-free consultation.