When you pay a professional adviser to provide a service, it is reasonable for you to expect that the services rendered will be supplied with reasonable care and skill. If they fail to meet the required standard, and you have suffered loss and damage as a result, then you may well be entitled to sue them for breach of contract and/or negligence to recover your loss. Generally claims of this type are known as professional negligence claims or legal malpractice claims.
Relevant professionals could include solicitors, barristers, lawyers, accountants or auditors, pest inspectors, engineers, surveyors, financial advisers or financial planners, stockbrokers, valuers, insurance brokers, architects or other qualified individual or entity.
Aitken Whyte Lawyers have a significant wealth of experience and expertise providing legal services and rendering legal advice for claims for professional negligence and professional liability including suing for negligence and breach of contract and claims against solicitors or other professionals. Our law firm ensures positive outcomes for its clients. We will let you know the strength of your case before you get started after we have received all your relevant material and information. We will determine where your matter should be started. Generally for larger claims that will mean commencing proceedings in the District or Supreme Court.
We are exceptional in the delivery of our legal services in this complex area of law. If you are looking at suing a lawyer or suing for negligence, make sure you speak to our first rate professional negligence solicitors. Our team of lawyers at the Gold Coast will guide you through the civil litigation process. The first step generally involves commencing court proceedings and within a relatively short process, having the parties attend mediation.
The professional adviser you are suing, will usually have professional indemnity insurance in place that covers liability incurred in the provision of the services the provided to you, and which does ensure generally that if liability is not significantly in dispute, a resolution can be reached at an early stage. If it is not resolved then, a court will decide at a trial whether the defendant is responsible and determine the amount of damages you are entitled to recover. Assuming you are successful, you can also expect to receive a costs’ order in your favour, meaning the defendant will also be ordered to pay your costs associated with the proceedings. Aitken Whyte Lawyers have never lost a trial for professional negligence.
You should keep in mind that there are statutory limitation periods that dictate within what period of time you must commence court proceedings. The two main causes of action for professional negligence claims are for breach of contract or negligence (in some situations, there may be other causes of action such as for breach of a fiduciary duty or misleading and deceptive conduct). Proceedings must be commenced within six years from the date on which the cause of action accrued for a claim based on a contract or for negligence. If they are not then you may not be able to maintain such an action. As such, you should act without delay and talk to us to see whether you should commence proceedings or take other appropriate action to recover your loss.
Aitken Whyte Lawyers
Level 6, 9 Lawson St, Southport
Ph: +617 5596 9099