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:
- advertising agencies;
- alternative health professionals;
- building consultants;
- computer consultants;
- dentists and physicians;
- financial planners;
- fund managers;
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.