An experienced professional negligence lawyer can assist when a professional fails their duty of care owed by law, and you suffer a loss. It’s reasonable to expect reliable expert advice when you seek professional advice for your business, finances, investments, or personal affairs.
When you suffer damage or loss because a professional has not done their job correctly, our QLD & Brisbane Professional Liability Lawyers help you seek compensation. Typically, your professional negligence claim is made against the insurer of the person or business who failed you.
Generally speaking, professional services must be delivered with reasonable care and skill, in accordance with the widely accepted standards of their profession. Professionals who fail to exercise a reasonable degree of care could cause you to experience a financial loss or damages. In this case, you can seek restitution by making a professional negligence claim.
If this is your situation, it’s vital you hire an experienced negligence lawyer to manage your case. Fortunately, Splatt’s team of Queensland compensation lawyers have the knowledge and expertise to help you seek justice. Call now fo your free case review – 1800 700 125
In Australia, you can claim professional negligence compensation when a professional (person or business) gives you bad advice that causes you to suffer financial loss. You could take legal action for:
In most cases, the Civil Liability Act and Civil Liability Amendment (Personal Responsibility) Act give you the legal right to seek damages, but to have a successful outcome, you must prove the following:
You were owed a duty of care by the professional
They failed their owed duty
You suffered financial damage due to their duty breach
Note – you cannot pursue compensation when you have not had a loss, even when the service provided was negligent.
The Limitation of Actions Act 1974 (QLD) outlines the legal limitations for actions. The law can stop you from lodging a claim if you miss your deadline. Acting fast will give you your best chance for a successful claim. Our friendly and down-to-earth lawyers will guide you through the legal process, making your journey stress and hassle-free.
When you have experienced a loss due to incorrect advice, the effects can impact your emotions, mental health, and finances. Getting justice can start your healing process. So, if you’ve been damaged by another party’s full or partial negligence, seek legal advice from Splatt Lawyers now.
When you have acted on bad advice from a financial advisor and suffered loss, we can assist.
If you acted on a lousy property valuation and had a loss, ask Splatt Lawyers for legal help.
At Splatt Lawyers, we believe all Australians deserve a fair go. If you have had a financial loss due to the actions or inaction of someone else, you may not have the funds to seek the legal help you need to get back on track. For this reason, we are pleased to provide No Win, No Fee funding for professional liability legal claims.
Pay our legal costs only when we win your case, with no upfront costs. However, you will need to fund the professional assessments, reports or expert evidence required to build a strong case so you can access all your entitlements.
By the nature of their occupation, people who provide paid advice have a legal duty to perform their role to a reasonable level of competency. Splatt Lawyers can assist when they fail to do this and you suffer a financial loss because of their lousy work or negligent advice.
For nearly three decades, we have supported Queensland residents and business people who have been financially damaged by negligent lawyers, accountants, real estate agents, property valuers, financial planners, agronomists and more. Contact our Professional Indemnity Lawyers now for immediate legal support if this is your circumstance. It costs nothing to know your legal rights.
Don’t accept the standard response you might get from the negligent party, such as: “oh well, it’s just bad luck, I guess” or “it’s normal for these things to happen” All professionals have a legal duty of care for the services and advice they provide. It would be best if you did not have to suffer because someone else did not do their job to an adequate standard.
You must seek experienced legal advice when considering legal action for professional indemnity. The quality and reliability of your evidence are crucial to the success of your claim. It would help if you retained an expert liability insurance lawyer with many years of experience and a successful track record.
At Splatt Lawyers, Kerry Splatt leads our insurance litigation team. Kerry is a Queensland Accredited Specialist in Personal Injury Law. When you work with us, you leverage substantial legal expertise and a relentless pursuit of your legal rights. Please find out how we can assist you by completing the enquiry form below.
We all expect that when we engage the service of a qualified professional, they’ll be worth the fees they charge and have the expertise they advertise. However, sometimes an expert may provide poor service due to incompetence, unprofessional behaviour or even a one-off mistake. When this happens, you may be able to make a professional indemnity damages claim.
To be entitled to liability compensation, you must establish the following:
Professional liability claims can be hard to prove, especially concerning a medical duty of care breach. If you’re unable to work due to the negligence of a health professional, an excellent first step is to make a complaint to the Queensland Office of the Health Ombudsman (OHO). If the OHO accepts your complaint, contact our experienced professional negligence lawyers in Brisbane to learn more about your right to make a claim.
When you have a successful indemnity compensation claim, your payout restores your financial position to where you would be if the error had not occurred. Hence, your compensation payment can also incorporate missed profits and the costs associated with fixing the problem created by the negligent action or behaviour. Sometimes, you will also receive damages for an associated personal injury, like emotional trauma.
Professional negligence is a complex area of law and requires expert legal advice. There are strict time limits for indemnity damages claims, and missing a deadline can mean losing the right to make a compensation claim. These are the time frames:
If you believe you have sustained a significant loss and would like to discuss your options or obtain advice about making a claim, contact us at Splatt Lawyers for a free case assessment.
Splatt Lawyers understand the legal process for professional indemnity claims and what it takes to succeed. Whether you have been misadvised or failed by a Lawyer, Accountant, Financial Advisor or Agronomist, we have the legal smarts to get you back on track. The experienced legal team at our Queensland law firm will help you understand the following:
It’s essential to seek independent legal advice when professionals provide poor or incorrect advice, whether that’s from a real estate agent, legal profession, medical practitioner, or accounting errors. At such a time, it’s comforting to know we have a professional negligence lawyer close by. Choose your location now:
A breach of duty can arise from simple mistakes. For example, if you are a lawyer and fail to file a document correctly, you could potentially face legal action because it might cause harm to another party. If a doctor fails to diagnose a patient accurately, they could be held liable for medical malpractice. In both cases, the breach of duty involves negligence.
A professional could miss something important when they’re doing something routine. For example, an accounting error may occur when an accountant disregards something important when preparing a tax return. They may forget to include some information about a client. Or they may inadvertently send incorrect invoices. All of these things can lead to financial loss for the client.
The law requires professionals to act as competent practitioners would in similar situations. For example, if a doctor forgets to check a patient’s vital signs, they may be guilty of medical malpractice. Similarly, if a lawyer misses a deadline for filing a court document, they may commit professional misconduct.
In Queensland, it is necessary to demonstrate three factors to successfully claim negligence:
Typically, people who work in a profession have professional indemnity insurance. It is their insurer who would be responsible for your compensation. Splatt Lawyers will work with you to create a compelling case and then negotiate with the liability insurer to get you the best possible result. You can relax knowing we are working hard to win your case.
Every situation is unique, so this question has no easy answer. However, when you contact Splatt Lawyers for your free claim review, our team can approximate what you can expect.
The time taken to resolve your matter will depend on the simplicity or complexity of your case and the available evidence. Splatt Lawyers provide business liability insurance legal services on a no-win, no-fee basis, so we do not get paid until you do. Like you, we are focused on the best result in the best time frame.
Don’t hesitate. There is a time limitation for lodging your case. If you think you have a valid case contact us immediately. Claims that are submitted early often have a better outcome. Delaying your legal action can reduce your chance of winning or exclude you from lodging a claim for damages.
Splatt Lawyers offer informed legal insights for Professional Liability claims Queensland-wide. Wherever you live, you can access the legal advice you need to get your life back on track.
According to the common law of negligence, we all have a legal duty of care to take reasonable precautions to avoid endangering other people or their property.