Professional negligence claims can result from circumstances where a professional in a given field has given you advice which was in breach of a contractual duty to you (breach of contract), negligent, or has acted negligently, and their advice or actions have caused you to suffer a loss. Many professionals have a duty of care to their clients while carrying out their services, meaning they are obligated to adhere to reasonable standards and responsibilities of care when considering any action or advice that may cause you financial loss. If a professional has breached this duty of care, you may be able to make a Claim against them for negligence.
Our lawyers can consider your matter, the advice that was given to you or actions taken by the party you engaged, and provide you with advice on your prospects of pursuing a Claim. It is important to seek this advice as soon as you become aware that a party may not have acted in your best interest, or that advice you received was not correct, as there are timeframes you must comply with in order to protect your rights.
Parties you may engage who could offer you advice which was negligent or in breach of contract could include lawyers, accountants, financial planners and advisors, brokers, engineers, builders, surveyors, pest inspectors and real estate agents to name a few.
Many of these professionals hold what is called professional indemnity insurance to protect them in case this type of Claim is made. This means that should you bring a Claim, it will more than likely be referred to the insurer and you will deal directly with the insurer’s solicitors, rather than the professional themselves. The insurer will inevitably engage in these matters often and as such have relevant experience, so it is imperative for you to obtain an equal quality of legal representation from the start and have someone who can correspond on your behalf. These matters can become complex and you do not want to be dealing with a company who defends these Claims regularly without the guidance of an experienced firm.
It is often the case that both parties want to resolve the matter commercially. Our solicitors are highly experienced in dispute resolution and will focus on obtaining a timely settlement of your Claim. If the need to litigate arises, we will pursue your Claim vigorously through the Court system. Depending on the amount of damages you have suffered, your Claim may need to be heard in a higher Court, such as the District Court (for claims of $150,000 – $750,000) or the Supreme Court (for claims over $750,000). Appearing in these Courts can be stressful, however our solicitors are here to explain the process in simple, straightforward terms and speak in Court on your behalf.
Proper experience in handling professional negligence claims is essential. Aitken Whyte Lawyers Sunshine Coast are focused on results. Our litigation and dispute resolution team will advise you on the best course to take if you believe you have received incorrect advice or a professional has not acted in your best interest. To speak to an experienced solicitor for advice on pursing a Claim for damages caused by negligence, call us on 07 5408 0655.
Aitken Whyte Lawyers can assist you with all professional negligence matters.
Aitken Whyte Lawyers
11/8 Pikki Street,
Maroochydore Qld 4558
Ph: +617 5408 0655
Fax: +617 3211 9311