PROFESSIONAL NEGLIGNECE

If you have suffered financial loss as a result of incorrect or bad professional advice, you may be able to sue for damages.

Services provided by professionals

As many industries are seeing an incline in profit and business, downturns are consistently recurring, causing
everyday Australians to seek professional advice in all aspects of their livelihoods. If someone in a professional industry such as a lawyer, accountant or financial advisor (to name a few) have provided you with bad advice or acted poorly and has cost you money, you may have a claim in negligence against them for your loss.

Professionals by definition are a person who is engaged or qualified in a profession. What you can expect from an ordinary professional, is the expertise which they hold themselves out to know to be delivered at a standard high enough to carry our your instructions, provide competent advice and /or carry out your affairs for the outcome you are seeking.

Professional negligence

More often than not, professionals’ practice in their duties with reasonable care and skill, this is the duty a professional owes to you as a person seeking their advice. In many cases however a professional has failed to live up to standard, causing innocent consumers loss.

It is not enough for a professional to act poorly or not live up to your standards, the professional must be found to have acted in a way that is less than industry standard or not how a “reasonable professional” would have acted in those same circumstances. Those direct actions would then to be connected to your losses and could be claimable against the professional.

Suing a professional for compensation

Suing a professional is not an easy task and you have to be skilled and have the know-how, to ensure the case is in the best possible position for a successful outcome.

At Attwood Marshall Lawyers, our commercial litigation team are skilled at providing the best possible advice, if you’ve suffered damages as a result of negligent professional advice or actions, we can act on a ‘no win, no fee’ basis for approved cases.

Frequently asked questions

I’ve received negligent advice, what can I do?

Seek advice from Attwood Marshall Lawyers as soon as possible. Keep all documents and communications with you, do not dispose of anything (even text messages). Strict time limitations apply in both Queensland and New South Wales, so it’s important to seek advice before time runs out.

I’ve lost money but I am unsure if I received negligent advice

Determining if a professional is negligent is only a matter for the Court, but our experienced practitioners can give you the best advice possible as to if you have a claim that’s worth pursuing, taking into account both commerciality and the risks involved.

I don’t know if the professional can pay for compensation

A primary question in all Court matters, is the ability for the other person to pay, should judgment day arrive. Luckily, it is a condition of most professional practicing licenses to have ‘professional indemnity insurance’ meaning, if you commence a claim against a professional, it’s more likely than not to be handled and any settlement or judgment will be paid out by the insurer.

What are the risks and costs involved?

Each matter carries its own risk and we are acutely aware at Attwood Marshall Lawyers that those stung by professionals before, aren’t too keen on taking on more risk or outlaying costs. Risk and costs are reviewed on a case by case basis, but choosing the right lawyer makes all the difference. We can also offer ‘no win, no fee’ to approved cases.

Contact our Department Manager

With specialist experience in all aspects of business and commercial law, we will help guide you towards a successful outcome.

Amanda Heather

Department Manager

07 5506 8245 – 04253 260 837
aheather@attwoodmarshall.com.au

Alternatively, leave your details below and one of our team will get back to you shortly.



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