Are You Eligible To Make A Claim?
The law imposes upon professionals, such as lawyers, doctors or financial planners, an onerous duty of care to ensure that they provide competent professional practice and representation to their clients. Such professionals are required to exercise all due care, skill and diligence in and about the performance of their obligations according to their retainer with the client or patient, as well as any other statutory duties imposed upon the professional.
In respect of a professional negligence claim, there is the intrusion of the Civil Liability Act, 2002 to contend with. In order for a professional to be held liable in negligence by the court, it must be established that the professional did not act in accordance with peer professional opinion. It must be established that the conduct of the professional was contrary to peer professional opinion which resulted in injury, loss or damage being suffered by the client or patient.
What Kind Of Professional Negligence Compensation Are You Able To Claim?
When considering the question of damages, the court seeks to place the person in the position they would have been in had the negligence not occurred. If you are eligible to make a professional negligence claim, (for example, against your former solicitor for failing to bring proceedings within the limitations period) you may be able to recover the value of the damages with respect to the original cause of action lost by the solicitor’s negligence, which would include:
Non-economic loss (pain and suffering) if you have suffered a permanent injury or disability as a result of the negligence.
Past and future treatment expenses (if applicable).
Past and future wage loss (if applicable).
Past and future superannuation entitlements (if applicable).
Past and future domestic assistance (if applicable).
When Should You Seek Legal Advice Or Consult A Lawyer About Making A Claim?
There are strict time limits in bringing a professional negligence claim which requires court proceedings to be commenced within 6 years of the act of negligence, being the limitations period.
It is important to obtain experienced and professional negligence lawyers, such as those at Brydens Lawyers, at the first available opportunity. This will enable your legal team to provide you with advice on the prospects of pursuing a successful professional negligence claim and appropriately prepare your claim well before the limitation date. Consulting a professional negligence lawyer is vital, especially when considering legal costs and the complexities of claiming compensation in a professional negligence claim.
What Is Your Next Step In Making A Professional Negligence Claim?
For personalised guidance, it is advisable to seek independent legal advice to navigate the process of how to claim compensation. Our team of experienced lawyers are ready to speak with you to discuss your enquiry, establish whether a claim may be available and advise on the best course of action to maximise your return whilst minimising your risk.
Why Are Brydens Lawyers The Right Professional Negligence Lawyers And Representation For You?
Brydens Lawyers has over 50 years been prosecuting professional negligence claims to ensure that their clients receive the compensation to which they are entitled. It is that experience and commitment which sees Brydens’ clients obtain the maximum compensation in their professional negligence claims.
Professional Negligence Success Stories:
Over the last 50 years, Brydens Lawyers have successfully prosecuted a large number of professional negligence claims which have included:
Acting for client’s injured in motor accident and workplace injury claims who have received negligent advice from their former lawyers.
Acting for clients who have been negligently treated by doctors and other health professionals.
Acting for client’s who have received negligent advice from accountants, builders and architects which has resulted in significant loss and damage.
