Sometimes professionals fail to act with reasonable care and skill when providing services to their clients. This type of negligence claim can be brought against professionals skilled in specialized trades and services such as lawyers, financial advisors or planners, engineers, valuers, surveyors, insurers, accountants, brokers, and others. We provide advice and representation in professional negligence cases in relation to the common law and the Civil Liability Act 2002.
Types of negligence:
Failure to commence proceedings, implement or take crucial steps of actions
Poor or incorrect advice, guidance, assistance, or recommendation
Breach of statutory duty
Breach of fiduciary duty
Technical mistakes and errors
Act carelessly on a particular matter
Failing to Warn of Possible risks
Misrepresentation and Acting without the instructions or consent
Poor drafting of legal documents such as agreements and contracts
There are three things that you need to establish to win a case of professional negligence:
Duty of care
Breach of duty
You must prove that the professional owed you a duty of care, that they breached their duty of care and that as a result, you suffered damage and loss. You are entitled to compensation if you can show that the professional failed to act with care and skill expected of a reasonable professional in the same situation. This invariably requires obtaining expert evidence and compliance with the Expert Code of Conduct.
It is your legal right to claim compensation for financial loss suffered and that is what we aim to help you achieve within the time limits provided by the civil proceedings. We will help you understand the key aspects of legal professional negligence litigation and the type of outcomes that you should expect.
The time limits to commence civil proceedings on personal negligence claims range from between three to six years. The timeline depends on the statutory legislation of your state. This limitation period runs from the time when the onset of the cause of action.
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We have a particular expertise in prosecuting professional negligence claims against other lawyers, and dealing with the compulsory insurer, Lawcover. Professional negligence claims brought against legal professionals may stem from:
Misleading legal advice, guidance, and communications
Acting on behalf of the client without proper instructions
Poor drafting of legal documents, contracts, and agreements
Delay in taking action leading to the expiry of the statutory limitation period