Professional Negligence Lawyers

Clients of professional advisors are entitled to expect that all such services are provided with due care and skill and achieve their desired purpose and result. Our Professional Negligence Lawyers handle claims for individuals and businesses for losses occasioned as a result of  sub-standard services and advice provided by lawyers, accountants, architects, surveyors, auditors, financial experts and other advisors.

Forever contracts – office equipment & services class action

A class action is being investigated against suppliers regarding exit obstacles and “break lease” charges.

Claiming compensation for Professional Negligence in Queensland

Professionals owe their consumers a duty to provide professional services with reasonable care and skill. If a professional fails to do so, a client may be entitled to compensation for any resulting financial loss. This obligation is placed on numerous professions, including:

  • Accountants;
  • advertising agencies;
  • alternative health professionals;
  • architects;
  • auditors;
  • bankers;
  • building consultants;
  • builders;
  • computer consultants;
  • dentists and physicians;
  • engineers;
  • financial planners;
  • fund managers;
  • lawyers;
  • valuers;
  • surveyors;
  • trustees;
  • veterinarians.

Claims of professional negligence may result from misleading professional advice, poor financial advice, negligent treatment by medical practitioners, accounting errors, engineering errors, and incorrect property assessments. A claim for professional negligence may include compensation for lost profits and/or costs associated with correcting the negligence. To assert professional negligence, an individual must prove the following:

  • They were owed a duty of care by the professional.
  • The expert violated their duty of care.
  • The person has suffered an injury or damage due to the professional’s breach of duty.

How Can our Professional Negligence Lawyers assist you?

Most professionals have “professional indemnity insurance” to protect them if a client sues. They will likely refer any claim to their insurer, who will have lawyers handle it.

Our Professional Negligence Lawyers understand the strategies insurance companies use. They are commercial and looking to protect their bottom line. Our expert lawyers will guide you through negotiations and litigation.

The insurer may assert a defence including “contributory negligence” by on the client’s part. ie that the person bringing the claim, was in part or wholly responsible for any loss that occurred. Our professional negligence team will assess your case to determine whether any defences may apply and respond if they are alleged.

Our experienced team of professional negligence lawyers can help you:

  • Investigate whether a transgression of duty of care has occurred, and if a claim can be made;
  • Decide the best legislative regime that can also be relied on, in addition to negligence;
  • Recommend other compensation options;
  • Recommend the optimal course of action to mitigate risk and maximise return.

Making a professional negligence claim

If you think you have a case for professional negligence, it is important to seek legal advice regarding your situation. The Carter Capner Law Professional Negligence team offer obligation-free consultations to advise if a claim is worth investigating and give an initial view as to you prospects of success.

From there, we can advise on what further steps need to be taken to advance your professional negligence claim and what strategy is best adopted.

People often blame themselves for following poor advice, putting it down to a lack of experience, or are told that “these things happen”. However professionals have a duty to take care when they provide you with advice and services, and can be held liable if their negligence has caused a loss. If you have been left out of pocket by bad professional advice you are entitled to make a claim for compensation. Get in touch today.

Types of injuries that can occur due to Professional Negligence?

Significant life-changing emotional and psychological injuries can also result from Professional Negligence. Speak to our Professional Negligence Lawyers about your situation.



Adjustment Disorder

Post Traumatic Stress Disorder

Can I make a professional negligence claim?

If you have suffered financial loss as a result of negligent advice or professional services from someone like a lawyer, architect, accountant, financial advisor, engineer, or surveyor, in Queensland or elsewhere, you may be entitled to compensation.  We can advise you in detail about your right to claim and your prospects of success.

Most professions require their members to hold professional indemnity insurance as a condition of registration. Your claim will be handled by the insurer, not the defendant personally, and it is the insurer who will pay any damages.

A complaint may also be made to the relevant professional body.

Different rules can apply in other states and overseas – we can advise you about that.

How do I make a professional negligence claim?

Notice needs to be given to the defendant.  Strict time limits apply – you need to get expert advice now about the time limits which apply to you.

What can I claim in a professional negligence claim?

It is impossible even to estimate the amount of damages you might recover without knowing a lot more about you and your claim. Damages you might recover include:

  • Financial loss flowing from the negligent work or advice
  • The cost of rectifying the problem
  • In some circumstances, damages to compensate you for personal injury you have suffered.

How long will a professional negligence claim take?

This is impossible to say without knowing a lot more about you and your claim.  Some relevant factors include:

  • the severity and extent of your loss – it is vital that an accurate assessment of your financial loss can be made before any settlement negotiations commence – in Queensland, any damages you receive will be in full and final settlement of your claim.
  • whether the insurer disputes liability for your claim.
  • the need for expert evidence about how the work should have been performed.

What is the time limitation period for professional negligence?

Don’t wait to make a claim. In most cases, the time limit to lodge a claim is 6 years from the date of the professional’s breach of his or her obligations, or the date you first suffered a loss as a result of the negligence. There can be significant complexity around working out when loss was first suffered.

For the best chance at recouping your losses, we recommend that you seek legal advice as soon as possible to ensure your right to a claim is not lost due to a time limit.

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

No, you can handle the claim yourself.

However, insurers have extensive experience in defending professional negligence claims and will often instruct lawyers to act on their behalf.  Insurers cannot provide you with independent advice.  You may find yourself at a disadvantage if you do not have legal representation.

Who pays professional negligence compensation?

Professionals typically have Professional Indemnity Insurance (PII), so it’s typically the professional’s insurer that pays.

Our job is to put together the strongest claim possible and negotiate on your behalf to achieve the best possible settlement or, if a settlement is not achieved, represent you in court proceedings. This means you can get the best outcome while having the time to focus on getting your life back on track.

Will I need to go to court for a professional negligence claim?

Claims are very rarely decided by a judge.  Even if proceedings are issued in court, professional negligence claims frequently settle before reaching trial.

How am I charged and how much do I have to pay to make a professional negligence claim?

If we think you have reasonable prospects of success, we will usually agree to act on a speculative basis.  That means we will not charge for our professional fees unless and until your claim is successfully finalised.

We do require payment of any costs or outlays (eg. medico-legal reports from a specialist) incurred on your behalf, even if your claim is not successful.  We will not incur significant outlays without first discussing it with you.  An estimate of outlays will be provided in our Costs Agreement.

Our costs will be reasonable – we will discuss them with you in detail before you instruct us to act on your behalf and will enter into a Costs Agreement with you.  We strongly recommend you seek independent legal advice about the Costs Agreement before you sign it.

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