Maintaining a professional connection with the professionals you’ve recruited will not always be smooth and easy. But, unfortunately, due to some negligent actions on your part, there will always be instances where you’d go through some difficult times or suffer losses. And there’s nothing left to do but file professional negligence claims and take them to court if this happens.
Going through Professional negligence claims can be very complicated. Thus, you’ll need to, at the very least, do some research and employ a legal team to assist you.
To give you an idea about how long and complicated the process can be, we’ve provided FAQs below:
Professional Negligence Claim FAQs:
What do we mean by Professional Negligence?
When a professional such as architects, accountants, bookkeepers, dentists, doctors, or other professionals act carelessly during your professional relationship with them, that is what we call Professional Negligence.
It can also be defined as a failure of professionals to provide you with proper and appropriate advice on a given topic.
As you hire someone, you are entitled to a certain quality of service executed with reasonable care and expertise. And besides, isn’t that why you hired a professional instead of just any ordinary person?
You have all the rights to file a lawsuit if they fail to do their work and begin acting recklessly, causing you money losses or, worse, injuries
How to make a strong negligence claim?
You might need a more substantial claim If the professional you hired just made a poor decision that had no significant impact on you.
Professional negligence claims have aspects that must be considered and proven to be successful. Here are a few of them:
First, the “duty of care” is owed to you by the professional.
The professionals neglected their responsibility.
Financial losses, property damage, and injuries due to the act of negligence.
You have a high chance of winning the lawsuit if you’ve established these components. And if it is determined that the expert was negligent, you will be refunded appropriately.
What Should You Do If You Have to File a Professional Negligence Claim?
The first and most crucial step is obtaining assistance from qualified legal teams such as Gibbs Wright Litigation Lawyers. These lawyers can assist you in establishing a solid case against the professionals that neglected their work.
Remember that you’re up against professionals who, more than likely, have their team of experts. As a result, you’ll need a solid team to support you up and make reasonable arguments.
This payment equates to the amount of losses and damages you experienced. It could also include potential financial losses related to the act of carelessness and legal fees, and other expenditures incurred during the process.
When Is It Time To File A Claim?
When it comes to professional negligence claims in Australia, they impose time limitations. However, the amount of time you have to file a claim differs depending on the jurisdiction you’re in and the type of negligence you’ve experienced.
Take Queensland as an example. If negligence occurred there, their laws usually offer you a maximum of six years from the date of the negligent act to file a claim.
However, if you were injured due to their reckless actions, you have only three years to file a claim.
But, there will always be exceptions to the rule, just as there are to every other rule. So it’s best if you obtain legal guidance from experienced legal professionals to ensure that you get the money you deserve.