Lawyer for Negligence Brisbane, Australia

Dealing with the complex world of negligence claims in Brisbane can be stressful. Getting the proper legal representation is crucial if you have suffered because of someone else’s carelessness. This article will explain everything you need to know about hiring a lawyer for negligence in Brisbane, Australia.

What Does Professional Ignorance Mean?

Professionals must deliver services responsibly and skillfully, adhering to widely accepted industry standards. Professionals failing to meet this standard can lead to financial losses or damages for you. In such instances, you can pursue restitution through a professional negligence claim.

You must hire a knowledgeable negligence attorney to handle your case if you find yourself in this circumstance. Fortunately, Aylward Game Solicitors’s team of Queensland professional negligence lawyers possesses the necessary knowledge and expertise to assist you in seeking justice. Contact us now at (1800) 217 217.

Can I Make Professional Negligence Claims Against Lawyers Australia

In Australia, you can claim compensation for professional negligence if a professional (individual or business) provides lousy advice that results in financial loss. You could take legal action for:

• Incorrect financial advice
• Bad legal advice
• Misleading professional advice
• Accounting mistakes
• Incorrect property evaluations
• Incorrect farming or agricultural advice

The Civil Liability Act and Civil Liability Amendment (Personal Responsibility) Act generally grant you the right to seek damages. However, to succeed, you must prove the following:

• The experienced owed you a responsibility of care.
• They should have fulfilled their legal obligation.
• You suffered financial damage due to their breach of duty.

Note: You cannot pursue compensation if you have not suffered a loss, even if the service provided was negligent.

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Call Us (1800) 217 217

Time Limitations for Claims of Professional Negligence

The Limitation of Actions Act 1974 (QLD)  sets forth the legal timeframes for initiating actions. Missing these deadlines can prevent you from filing a claim. Acting promptly maximises your chances of a successful claim. Our team of friendly and approachable lawyers will assist you throughout the legal proceedings, ensuring a stress-free journey.

Experiencing a loss due to incorrect advice can have profound effects on your emotions, mental well-being, and finances. Seeking justice can initiate the healing process. Therefore, if you have suffered damage due to another party’s negligence, whether in whole or in part, it is advisable to seek legal advice from Aylward Game Solicitors without delay.

Compensation for Professional Negligence

When we hire a qualified professional, we expect them to justify their fees and possess the expertise they advertise. However, there are instances where an expert may deliver poor service due to incompetence, unprofessional behaviour, or a one-off mistake. In such cases, you may have grounds to file a professional indemnity damages claim.

To qualify for liability compensation, you need to establish the following:

Negligence: You must prove that the service provided fell short of the profession’s expected standard of care and skill.

Harm or damage: You must demonstrate that you suffered a loss linked to the substandard service.

Professional liability claims can be challenging to prove, particularly concerning medical duty of care breaches. Suppose you cannot work due to a medical professional’s negligence. In that case, an excellent first step is to complain to the Queensland Office of the Health Ombudsman (OHO). If the OHO accepts your complaint, contact our experienced professional negligence lawyers in Brisbane to explore your options for making a claim.

Should you Hire a Lawyer for Negligence by Professionals?

If you believe a professional, such as a lawyer, accountant, financial planner, building and pest inspector, broker, real estate agent, or someone in a fiduciary role, has caused you harm or economic losses due to negligence, contact Aylward Game Solicitors.

• We will advocate for you, mainly if negotiations have been unsuccessful.
• Our services include pursuing legal malpractice, addressing accounting errors, addressing financial planner misconduct, resolving property inspection issues, and rectifying breaches of fiduciary duties resulting in economic losses.
• We do not handle claims for personal injury.
• Our highly skilled negligence lawyers are prepared to represent you in court to recover compensation for the losses incurred due to professional negligence.

What Professional Negligence Compensation Can I Claim?

You can claim damages if you’ve experienced loss due to professional negligence. These damages aim to restore you to the position you would have been in if the professional negligence hadn’t happened.

Professional negligence can sometimes result in more than just financial harm; it can also lead to physical injury. In such instances, various damages can be sought, including past and future lost income, past and future treatment expenses, compensation for pain and suffering, and compensation for permanent impairment resulting from your injury.

When Should You Contact a Professional Negligence Lawyer?

Claims for professional negligence have strict time limits. Court proceedings for pure financial loss must commence within six years of the negligence act, while for personal injury, proceedings must start within three years. Sometimes, these deadlines can be extended, but consulting one of our professional negligence lawyers is advisable. We offer an obligation-free initial assessment of your professional negligence claim. Our process includes:

• Understanding you, your situation, and the impact of professional negligence on you and your family.
• Gathering evidence to assess if the professional was negligent. This may involve obtaining expert opinions from within the same field to determine if services were provided negligently considering the accepted skill level and care.
• Identifying responsible parties, which may sometimes involve multiple individuals.
• Submitting your claim to the responsible party. If their insurer accepts liability, we negotiate for the best out-of-court settlement.
• If the insurer rejects liability or refuses to settle for the deserved amount, we prepare and represent you in court to seek compensation.
• We treat you with the compassion and understanding you deserve throughout the process.

What Compensation Can You Receive?

Professional negligence can manifest in various scenarios, but its core element is the failure of the professional to exercise a reasonable level of skill and care.

Suppose a professional, such as a doctor, lawyer, or builder, neglects to uphold this standard, and you suffer loss and damage. In that case, you may be eligible for compensation for those losses.

These damages may cover:

• Past medical expenses incurred due to negligence.
• Economic loss experienced as a consequence of professional negligence, including current and potential future loss of earnings.
• Non-economic loss encompasses the psychological impact of your harm or loss.
• The cost of future care you may require is usually provided as a lump sum payment.

Your professional negligence lawyer at Aylward Game Solicitors will outline your specific entitlements and assist in gathering the necessary evidence to support your claim. This might involve obtaining medical records, expert opinions from third parties, and other relevant documentation to demonstrate the extent of your injuries and the breach of care.

Common causes of professional negligence claims include failure to provide essential advice on critical matters, such as a financial advisor withholding vital information about an investment, unreasonable project delays leading to economic loss, or poorly executed services or treatments lacking reasonable care, resulting in physical or psychological harm.

While such claims can arise in any industry, they are most prevalent in the medical, legal, and financial sectors due to their direct impact on individuals’ lives and well-being.

Get Ahead with Expert Legal Guidance

Trust Aylward Game Solicitors to Navigate Your Legal Challenges

Schedule Your Appointment Now

Call Us (1800) 217 217

Medical Negligence Lawyers Brisbane

Our experienced medical negligence lawyers in Brisbane can help you understand your rights if a healthcare provider’s negligent actions have caused you harm.

Our team of medical negligence lawyers in Brisbane will explain your options when a healthcare provider violates their duty of care and results in an illness or injury. 

At Aylward Game Solicitors, we recognise the physical, emotional, and financial toll that medical negligence and malpractice can impose on individuals and families.

Our dedicated team of Gold Coast compensation lawyers specialises in advocating for those affected by substandard medical care, seeking redress through medical negligence claims.

We are adept at handling medical negligence claims involving:

Misdiagnosis or Delayed Diagnosis: Instances where a misdiagnosis or delayed diagnosis worsens a patient’s condition.

Surgical Errors: Include cases involving foreign objects left inside a patient, operations on the wrong body part, unnecessary surgeries, and surgery-related damage.

Anaesthesia Complications: Instances of administering incorrect doses of anaesthesia resulting in adverse reactions, brain injuries, nerve damage, stroke, or patients waking up during surgery.

Psychological Injuries: Traumatic incidents resulting in psychological harm, frequently brought on by medical errors or the death of a loved one as a result of medical negligence. 

Exacerbation of Injuries or Pre-existing Conditions: Situations where a treatment provider negligently worsens an injury or condition.

Medication Errors: Cases involving incorrect medication or dosages triggering adverse reactions, organ damage, drug interactions, toxicity, aggravated medical conditions, or fatalities.

Birth Injuries: Instances of harm or illness resulting from negligent pregnancy or childbirth care from obstetricians, gynaecologists, doctors, midwives, or other healthcare professionals, entitling you to compensation.

Proving medical negligence can be highly complex. Therefore, seeking appropriate legal counsel is crucial for identifying medical wrongdoing by a healthcare professional and obtaining support after enduring physical harm and financial setbacks.

Contact our Brisbane medical negligence lawyers today to discuss your case at (1800) 217 217.

WHAT AMOUNTS TO PROFESSIONAL NEGLIGENCE?

Simple mistakes can result in a breach of duty.

Complicated transactions involving challenging concepts can lead to errors. However, professionals may also overlook essential details during routine dealings.

These errors can cause economic losses for their clients.

The law mandates that professionals:

• Act as competent practitioners would in the given situation, and
• Please adhere to the standards of their profession.

A wrong may be legally actionable (subject to a lawsuit) if a professional’s conduct:

• Falls below the expected standard of care and
• Results in loss.

This type of compensation claim is commonly referred to as professional negligence. However, claims may also stem from:

• Breach of contract;
• Negligence; or
• Breaches of trust.

Our Brisbane negligence lawyers possess invaluable experience in handling negligence cases. Their experience considerably raises the chances of a successful claim.

ADVICE BEFORE PROCEEDINGS ARE ISSUED – WHICH COURT SHOULD YOU START IN?

Claims can be brought before the Magistrates, District, or Supreme Court of Queensland.

The correct jurisdiction depends on the amount in dispute.

The District Court has jurisdiction over claims ranging from £150,000 to £750,000.

Claims exceeding £750,000 are heard in the Supreme Court.

Additionally, claims may be filed in the Federal Court or Federal Circuit Court depending on whether other associated causes of action, such as misleading or deceptive conduct, are involved.

Our lawyers will discuss the alternative forums with our clients to determine the most appropriate court for commencing proceedings.

How to Get in Touch with Our Brisbane Negligence Lawyers

An experienced professional negligence lawyer can assist when a professional breaches their legal duty of care, resulting in your loss. It’s reasonable to expect reliable expert advice when seeking professional guidance for your business, finances, investments, or personal affairs.

Suppose you suffer damage or loss due to a professional’s failure to fulfil their responsibilities. In that case, our QLD and Brisbane Professional Liability Lawyers can help you pursue compensation. Your professional negligence claim is typically lodged against the insurer of the individual or business responsible for the oversight.

If you have suffered significant loss and wish to discuss legal representation, please: Call us on (1800) 217 217

Consider seeking legal advice if you believe you have rights against a professional and want to determine if you are entitled to compensation.

Get Ahead with Expert Legal Guidance

Trust Aylward Game Solicitors to Navigate Your Legal Challenges

Schedule Your Appointment Now

Call Us (1800) 217 217

FAQs

To whom can I file a claim for medical negligence? 

A medical provider may be the target of a medical negligence claim. This refers to medical facilities or practitioners in the context of a medical malpractice lawsuit. 

How long can you file a claim for medical negligence? 

Time limits for medical malpractice claims differ according to state and federal laws. Typically, legal action must be initiated within three years of the injury, emphasising the importance of prompt action. While extensions of time limits are occasionally feasible, seeking assistance promptly from someone well-versed in the intricacies of medical negligence law applicable in your state or territory is crucial.

How much time does it usually take to prove medical negligence?

Our attorney will work to get you the best result possible and lessen the stress of going to court. Contact us to learn more about what to expect from a medical malpractice lawsuit.