Do you have a professional negligence claim?
If you have been injured or adversely affected by the actions or inaction of a professional, you may have a professional negligence claim.
We trust professionals to give us advice and provide services based on their specialist area of ex-pertise. Accountants, engineers and lawyers are all examples of professionals.
The advice that professionals offer can be complex, and highly dependent on the circumstances. It is not enough to bring a professional negligence claim if the advice you received did not give you the outcome you wanted. For example, if a financial planner advised you to buy an investment property in a certain area which was then hit by a freak hurricane, that would probably not consti-tute professional negligence.
Professional negligence may include:
- Failing to exercise an acceptable level of care, skill and diligence when giving you advice or performing services.
- Giving you financial or legal advice that benefits them financially (beyond their professional fee).
- Making unreasonably risky financial or legal recommendations.
- Failing to monitor your investments properly.
- Failing to advise you about the risks of certain investments or decisions.
- Incorrectly assessing your tax liability or failing to lodge your tax return.
- Making accounting errors.
- Lawyer misconduct.
- Drafting legal agreements inadequately.
- Delaying work on your case and causing you to miss a time limitation.
- Bringing legal action against the wrong person.
- Charging an unreasonable amount of fees.
- Acting fraudulently or dishonestly.
How Penrose Lawyers
can help with your professional negligence claim
Most professionals have professional indemnity insurance, meaning that your professional negli-gence claim will be dealt with by their insurer. However, you can still make a claim even if the other party is uninsured.
Our experienced professional negligence lawyers can help you by:
What do you need to do?
If you think you may have a professional negligence claim, your initial step is to gather all your evidence. This includes:
- Receipts and records relating to the initial advice, misconduct, fraud or fee charging that forms the basis of your claim.
- Receipts and records relating to costs and losses incurred as a result of the negligence, for ex-ample, a decrease in the value in your investment portfolio, fines from the Tax Office or addi-tional legal costs.
- Evidence of any related loss, including lost income as a result of mental distress.
As the leading personal injury lawyers across the Gold Coast, we recommend that you seek legal advice as soon as possible, as time limits apply to professional negligence claims.
What compensation can I claim in my professional negligence case?
Compensation for your professional negligence claim is intended to place you in the position that you would have been, if not for the negligence. This includes:
- Lost wealth as a result of negligent financial or legal advice.
- Lost wages, including future wages.
- Lost superannuation entitlements, including future entitlements.
- Expenses relating to medical or psychological treatment.
- Domestic assistance.