Professional Negligence Lawyer Melbourne
What is Professional Negligence?
Professional negligence is when a professional does not fulfil expectations under duty of job. Duty of job is a common law agreement between a client and professional with the understanding that duty will be completed according to current professional standards in that profession.
A professional is anyone whose primary source of income is what they are being paid to perform, rather than performing the task as a hobby. Professionals typically are qualified to their occupation through higher-learning, degrees, and certifications, often with a fair level experience.
While the term “professional” is extensive in nature, common professionals who are held to a level of expectation are doctors, lawyers, engineers, accountants, real estate agents, and financial advisors. The occupations have a set standard and professional courtesy that is readily defined within their profession, and accordingly with the locale they practice.
If a professional does not act within reasonable care and skills, their clients have a legal right for compensation resulting in financial loss to the client. A claim for compensation is typically the only way to recover your financial loss.
While not comprehensive, professional negligence can arise as a result of:
- Misleading professional advice
- Poor financial advice
- Negligent or malpractice treatment by medical professionals
- Accounting errors
Requirements for Professional Negligence Claims
A professional negligence claim can result in the client receiving compensation for legal costs, loss of profit, professional service expenses, and expenses incurred to resolve the negligence (past and future). However, in order to make a claim for professional negligence a person needs to establish clear negligence and loss of compensation. The three factors required to establish clear negligence are:
- A duty of care was owed to client by professional.
- The professional breached their duty of care
- The person has suffered an injury or damage from the breach of duty.
In order to properly assess professional negligence, the court must consider a variety of other factors that may have contributed to the negligence, such as:
- Proximity between the injured person and professional for a duty of care to exist.
- Standard of care expected, and care actually taken in the circumstance
- Contributory negligence of injured person, and existence of any vicarious liability.
- Attitude of professional, or manner of service.
Limitation of Claims for Professional Negligence
If you feel you have been a victim of professional negligence it is important to understand that, along with establishing professional negligence existed, you must also file a professional negligence claim within an appropriate time from the negligence.
The limitation period varies depending on the statutory legislation applicable in your state, however it is typically 3-6 years. The limitation period begins from when damage is suffered as a result of breach of duty and until a claim is filed against the professional.
What a Professional Negligence Lawyer can do for you
A professional negligence lawyer is knowledgeable in legislation pertaining to professional negligence, as well as the laws governing your state and can provide extensive knowledge, experience, and a team dedicated to achieving the highest potential results you can receive through he court. While evaluating your potential claim lawyers can provide the following:
- Determine is duty of care has been breached, as well as if you qualify to submit a claim
- Provide comprehensive and practical advice on how to move forward with your claim.
- Develop a course of action to receive highest potential return
- Explore unrealized compensation due to negligence
Remember, that as a victim of professional negligence you are entitled to receive compensation for damage and loss due to a professional’s negligence. Most claims find resolution within two years of filling a claim, and there are limitations to how long from the damage a claim can be filed. Taking quick action with an experienced team will result in higher potential compensation within a timely manner.
Supreme Court of Victoria