You want something done, and you want it done professionally. You naturally search for companies or service providers that claim that they can do the job right. You hire one and lo and behold – they aren’t up to par with their claims and worse, your standards.
What do you do when this happens?
It is utterly disappointing and can be downright frustrating that despite spending a lot of money and time to look for a professional, the end-product doesn’t live up to expectations.
What can you do when this happens?
You can actually file a case against them, with the help of legal counselling. Before you go stomping into court or wave demand letters, learn more about professional negligence claims and how you can protect yourself in the future.
What are professional negligence claims?
In a nutshell, these are service providers that don’t make do with their promises. They don’t deliver the type of service they said they would, or their product/s didn’t perform the way they say they would.
Small or big, it doesn’t matter how large of a company or contract you entered into. As long as there is an established professional relationship between the seller and buyer, you can file a professional negligence claim if deemed necessary. Professional negligence claims are confined to certain industries. You can confidently file a lawsuit against a service provider or supplier.
If their failure has caused you financial distress and damages, you are in the right position to file a lawsuit. Some companies forget why they were hired in the first place – clients search for professional-grade products or services and they’re willing to spend for it.
What are the elements of a strong negligence claim?
Human error is common and expected in every industry. No matter how good of a professional one claims to be, they’re bound to commit mistakes one way or another. Can one mistake be a cause to file a lawsuit against them?
Not every error needs to be settled in court. Please consider the following elements that make up a strong negligence claim:
- “Duty of care” is the professional’s responsibility and obligation
- They acted negligently
- You have suffered financial loss, damage to property and self or worse, resulted in death.
You must have all three elements to be able to file a strong professional negligence claim against them. What should you expect when you win the case?
You should be properly compensated for the financial losses and damages to property. They should be able to pay for any future expenses that might be incurred due to their negligence, such as physical therapy and such. Aside from these, they should also shoulder legal and court fees that you paid for when filed this professional negligence claim.
How do I file a professional negligence claim?
You should first talk to professional negligence lawyers in Brisbane. They are well-versed in the laws that surround such cases and they’d be able to assist you in fighting for your rights as a consumer.
The professional you intend to go up against is most likely aware of the laws that encompass his or her profession or industry. They’d most likely have connections too. This is why talking to one of the best lawyers in town will be your best hope in winning this case.
When you get a chance to talk to a lawyer, they’ll discuss with you every step of the way that needs to be faced to be able to win this case. While filing a professional negligence case is certainly time consuming and will probably put a dent in your wallet, you are fighting for your rights as a consumer and should be able to put up a good fight especially when you evidence is strong.