PROFESSIONAL NEGLIGENCE SOLICITORS CLAIMS

Work carried out by professional negligence solicitors generally involves issuing proceedings in the civil courts to claim damages for financial losses sustained as a result of negligent advice from lawyers, accountants, architects, surveyors, valuers, estate agents, banks, insurance brokers or financial advisors. Almost all professional people who give advice are insured and have the benefit of indemnity insurance which covers them against negligent actions meaning that it is an insurance company that will actually pay any damages that may be awarded.

Solicitors & Barristers

Historically there have been difficulties in suing solicitors and barristers for professional negligence however in most cases and in most jurisdictions it is now possible. Solicitors generally prepare cases and barristers usually represent clients at the hearing in a court of law and it is this second aspect of legal practice by lawyers where difficulties may arise. Suing a negligent solicitor or a negligent barrister may not be an easy matter however like most professional people they are insured and it is the insurers who will take over conduct of the claim by instructing lawyers to represent the defendant and will pay damages for a barristers or solicitors professional negligence in due course if appropriate.

Accountants and Book Keepers

Matters involving negligence by accountants are typically complex and convoluted matters that require the expertise of a specialist forensic accountant instructed by professional negligence solicitors to unravel the trail of destruction often left by negligent accountants. Our forensic experts are able to provide advice on the law, liability and the value of any claim against a negligent accountant.

Architects

Australian architects are governed by individual state law however the Australian Institute of Architects is attempting to develop a nationwide model to govern the entire architecture profession following criticism by the Australian Productivity Commission. Most architects carry out work for their clients in accordance with their instructions and attain the necessary level of technical expertise however when things do go wrong it is often extremely expensive to rectify the errors due to the nature of the work that has been carried out by a negligent architect.

Surveyors

Whilst there are several national professional associations and local associations in all states they are singularly unable to deal with financial restitution as a result of losses caused by a negligent surveyor. Most surveys that are carried out particularly for home owners are on a minimalist basis relating only to visible defects and are often difficult to pursue unless there is gross negligence. A fuller structural survey should however provide substantially more protection and enable legal action to be taken for most unreported defects.

Valuers

There are several professional associations representing valuers including The Australian Valuers Institute however they are unable to deal with claims for compensation against negligent valuers which must take place in a court of law. Both overvaluing and undervaluing property can lead to financial loss and a valuer is expected to use reasonable skill and care. The most common failure by a negligent valuer is that of non disclosure of defects in domestic or commercial property however it must be said that property valuation is not an exact science and not all under values or overvalues relate to negligence by a valuer.

Estate Agents

The most common negligent actions by an estate agent relates to under valuing property which when sold too cheaply results in a loss to the vendor or when offered at an overvalue takes to long to sell resulting in losses of interest on the capital value together with an inflated advertising bill. Furthermore whilst a property may have been initially offered at a correct market value if and when market conditions change the estate agent must be sensitive to subsequent price discrepancy and advise the vendor accordingly with a view to changing the offer price. There are a number of other scenarios where an estate agent can be deemed to have carried out professional duties in a negligent manner.

Banks & Financial Institutions

The arrogance of negligent banks and financial institutions is often breathtaking accompanied by a total failure to ever accept culpability for some of the most fundamental errors often giving rise to substantial losses. Banks now deal with a raft of services and whilst negligence is common amongst professionals it is not surprising that banks suffer from the same problems. Banks often employ others to carry out work and it may be that the bank is responsible in negligence for their erroneous actions. If you have lost money in a negligent banking transaction do not hesitate to contact us for free advice.

Insurance Brokers

Although it is possible to deal directly with insurance companies most people and businesses engage the services of an insurance broker to represent them in their dealings. Insurance broker negligence can take many forms from inadequate completion of proposal forms notwithstanding full information having been provided by the policy holder through to the unforgivable lapse of failing to renew a policy despite having positive instructions to do so often when in possession of adequate client funds. There is massive potential for insurance broker’s negligence which may involve substantial losses particularly in the case of destruction of real property. If you would like to know if you have a claim against a negligent insurance broker just contact us for free advice without further obligation.

Financial Advisors

There is no doubt that claims against financial advisors can be tricky. All investments carry with them risk however the question that is most often asked in regards to a negligent financial advisor is whether or not the degree of risk was fully explained and were more appropriate investments suggested. In addition most investors place heavy reliance on their financial advisor who inevitably is held out as an expert and a fiduciary relationship exists whereby the financial advisor must be seen to exhibit the same skill and care that a reasonably competent financial advisor would exhibit. Failure to posses these skills may amount to negligence.

No Win No Fee Compensation Lawyers

Where possible we try to avoid recourse to a court of law with the incumbent costs and delays and always attempt to resolve any dispute in a non contentious manner. In some circumstances we are able to use alternative dispute resolution or arbitration where appropriate however in cases where there is no possibility or an agreed solution involving the payment of costs and compensation we do not hesitate to issues legal proceedings for damages or an in junction in a court of law. If you find yourself in the difficult position of having to consider instructing professional negligence solicitors to take legal action against negligent lawyers, accountants, architects, surveyors, valuers, estate agents, banks, insurance brokers or financial advisors we are able to offer free advice without further obligation furthermore in appropriate cases we may be able to deal with the claim on a no win no fee basis. If you would like to know if you have a valid claim just complete the contact form and a solicitor will call you as soon as possible. We will take a detailed statement over the phone and carry out a risk assessment there and then before advising on your chances of success and the estimated damages that may be appropriate to provide adequate compensation.