Need help with a Professional Negligence Claim?
If you have engaged a professional to do work for you, and they have let you down, you may be able to make a claim for compensation for professional negligence.
What do you need to know about Professional Negligence Compensation?
When you rely on a professional for advice or services, you’re entitled to expect they’ll act with reasonable care and skill. If a professional such as a solicitor, accountant, engineer, financial adviser, building consultant, or similar fails to meet that standard and you suffer a financial loss as a result, you may be able to pursue a professional negligence compensation claim.
Professional negligence claims can arise in many situations, for example: incorrect or incomplete advice, errors in calculations or documents, missed deadlines or important steps, inadequate design, reporting, or supervision, failures to warn you about risks or options.
To succeed in a claim, it generally needs to be shown that the professional owed you a duty of care, breached that duty, and that the breach caused you a loss. Every matter turns on its own facts, and strict time limits may apply, so getting advice early is important.
Explore other personal injury claim types
Choose a topic below to read more information about the different types of claim pathways.
What other questions do you have about making a Personal Injury Claim?
There are four main categories of personal injury claims, being Road Accidents, Work Accidents, Public Place Accidents and Superannuation Claims. However, each category of claim has many sub-categories and there are literally hundreds of different types of personal injury claims.
Given the broad nature and different types of personal injury claims, it’s important you engage expert personal injury lawyers in Queensland. That’s where Best comes in.
There are different time limits that apply to different types of personal injury claims.
For example, if you have a workplace injury, it is best to submit your claim to WorkCover within 20 business days of your injury, to ensure you receive back pay and maximise your benefits.
It’s also critical that if you’re involved in a car accident against an uninsured vehicle or a car you are unable to identify, that you commence your claim within 9 months of the accident.
There are countless other examples of specific time frames required for different types of claims which is why it is important you speak to us about time limits that apply to personal injury claims in Queensland.
Generally speaking, there is an overall 3 year limitation period that applies to personal injury claims. But you should make your enquiries as soon as possible to make sure you don’t miss out on anything you are entitled to.
The exact amount of compensation for your personal injury claim in Queensland depends on factors such as the severity of injuries, medical expenses, lost earnings, pain and suffering, negligence, and insurance coverage.
It also depends on the type of claim you have. Different thresholds and limits apply to different types of claims.
The duration of a personal injury claim can vary greatly depending on the circumstances of the injury, the complexity of the case, and whether the claim is disputed. It can take anywhere from a few months to several years to fully resolve a claim. Simple claims where liability is clear might be resolved relatively quickly, while more complex cases, especially those involving serious injuries or disputes about liability, can take longer.
Yes, technically you can file a personal injury claim without a lawyer. However, the process can be complex and it can be challenging to negotiate with insurance companies or defendants without professional legal guidance. A personal injury lawyer has the knowledge and experience to effectively navigate the legal system, negotiate on your behalf, and maximise your potential compensation.
As per Australian law, generally, personal injury settlements are not taxable. This includes compensation for physical injuries, pain and suffering, and medical expenses. However, there can be exceptions. It is advisable to consult with a tax professional for advice tailored to your specific circumstances.
In a broad legal sense, defamation falls under the category of personal injury as it involves harm to one’s reputation rather than physical harm. However, defamation claims typically involve a different set of laws and standards than physical injury claims. It’s best to consult with a lawyer who specialises in defamation cases for guidance.
Many home insurance policies do include liability coverage, which could potentially cover personal injury claims if someone is injured on your property. However, the specifics of what is covered can vary greatly depending on the policy. It’s important to carefully review your insurance policy or consult with an insurance professional to understand what is covered.
In some cases, you may still be able to make a claim even if you were partly at fault for the accident. This is called contributory negligence. However, your compensation may be reduced proportionately to reflect your share of the blame. The specifics can depend on the laws in your state and the details of your case.
The majority of personal injury claims are settled out of court. It’s generally understood that most parties prefer to settle as it can be quicker, less costly, and less stressful than going to trial. But, the exact proportion can vary depending on the nature of the injuries, the parties involved, and other factors.
Special damages refer to the monetary losses resulting from an injury, which can be calculated and proven by receipts or invoices. These typically include medical expenses, loss of earnings, travel costs related to the injury, and other out-of-pocket expenses.
A contingency fee is a set percentage a lawyer will take if they win your case. In Queensland, lawyers are not allowed to charge for personal injury services on a contingency basis. Personal Injury Lawyers in Queensland can still charge for personal injury claims on a no win no fee basis, with fees usually charged on an hourly basis, and they will apply a cap to the amount that is charged. In Queensland the legal limit of the cap on personal injury claims is 50%. However at Best Injury Lawyers, we cap our fee at 30% plus GST so you get more in your pocket.
Yes, you have the right to change your lawyer if you’re not satisfied with their service or if you have other reasons. However, it’s important to review your agreement with your current lawyer as you may be liable for any work already done on your case.
The types of damages you can recover, include:
- General damages – for pain and suffering;
- Past and future loss of wages;
- Loss of superannuation;
- Past and future medical expenses;
- Other past and future out of pocket expenses;
- The cost of past and future care; and
- Legal costs.
For more information about what you can claim, click here.
The claims process – what is involved in making a claim?
Most claims follow a similar legal procedure. The purpose of these procedures is to promote settlement of claims at an early stage wherever possible and avoid Court. Strict time limits apply to all claim types.
1
Initial Advice
Have a chat with a lawyer to work out whether you may have a claim and what the next steps look like.
2
Start the Claim
If you decide to proceed, your lawyer will prepare and lodge the claim with the relevant insurer.
3
Build the Evidence
Your legal team will obtain the medical records, reports, and other supporting material needed to properly present your claim.
4
Resolve the claim
Your lawyer will manage negotiations and, where appropriate, work towards a fair settlement outcome.
What to expect if you contact Best Injury Lawyers
Free Initial Case Review
No Win, No Fee
30% Fee Cap
Clear Communication
Free Initial Advice
Contact us today for free initial advice. We’ll ask a few key questions to understand what happened, then explain your rights, possible entitlements, any responsibilities, and the important time limits that may apply.
If it looks like we can help, and give you clear, practical guidance about your chances and the best next steps.
We’ll also talk you through the claims process and costs in plain English, and map out a step-by-step strategy. Then it’s completely your choice how you’d like to proceed.