Most Asked Questions About Professional Negligence Claims
Have you sought the services of a professional but they weren’t up to par to your standards? Have their negligent actions caused you time, money, and stress?
Such actions shouldn’t be ignored, and you can file a case against them in court. But before you do so, you should consult legal professionals. These things should be well thought out and planned. Here are some commonly asked questions about professional negligence claims:
What is a professional negligence claim?
Simply put, these are claims made against a hired professional because they simply didn’t deliver the type of service and/or product that they claimed they would. Professional negligence claims aren’t limited to certain fields or industries; so long as you have an established professional relationship with them and they didn’t hold to their end of the agreement, you can go to court.
If their actions caused you damage or financial distress, you have every right to label it as professional negligence. These hired professionals are supposed to provide their clients with a certain level of quality service and should be skilled and knowledgeable in their field - which is why you hired them in the first place!
What are the elements of a strong negligence claim?
Professionals are humans too and are bound to make mistakes, no matter how experienced they may be. One simple error isn’t enough to make a professional negligence claim against them; you should have strong evidence first. Consider these factors before going to court:
- “Duty of care” is the professional’s responsibility and obligation
- The professional acted negligently
- You have suffered financial loss or damages, as well physical damages to property and self such as an injury or worse, death
If you have all of these elements, then you have a strong claim against the professional. You should be compensated for the financial damages caused by their negligence, as well as any future costs that you may suffer from their actions. It should also cover court fees and any amount that you paid for while filing for such a claim.
How do I file for a claim?
One of the first things you should do is talk to a lawyer. Visit www.gibbswrightlawyers.com.au and set an appointment with one of the best lawyers in town.
Remember that you are going against a professional, who most likely has connections and is familiar with laws that govern their practice. You need to talk to a lawyer to help you file a case, which in itself is already a challenge for an ordinary civilian such as yourself.
Your lawyer should talk you through the whole process and will ask you questions about the incident. They might ask you to submit certain documents needed to file a case. They’ll also advise you on how to go about your claim, and which argument is the strongest so you can successfully defend yourself.
When is the best time to make a claim?
The best time is always as soon as possible. Australian laws have a time limit to when you can file professional negligence claims. In some instances it’s six years (in Queensland) and for physical injuries, only up to three years.
There certainly is no reason for you to wait to file a claim especially when you have strong evidence that the professional did you wrong. While the whole process is indeed tedious, time consuming and financially draining, you are simply demanding to be compensated for the lack of professionalism that was shown to you during the course of your agreement with the professional. Talking to the best lawyers should help make things easier on your end.