Professional Negligence

When you engage a professional adviser for their services, such as a building design professional or other building consultant, a financial adviser, insurance broker or accountant, you have certain expectations on how the services will be delivered.

You expect the professional knows what they’re doing, that they will use their best endeavours in providing their service to you, and they will act in your best interests.

Generally those expectations are captured in the duty of care owed to you by the professional, which is specified in the contract in which you engaged them, or merely by the nature of your relationship with the professional. If those duties are breached, you may be able to make a claim against the professional to recover damages for losses resulting from the breach. This is known as a professional negligence claim.

Professional negligence claims can be hard-fought, because the professional’s reputation is on the line, and you are also often dealing with an insurer.

The team at MV Law can guide you through the complexities of non-medical professional negligence claims, to explain your legal position and options to enforce your rights against a professional that has done you wrong.

The MV difference

We understand the emotional distress and disappointment that can result from the negligence of a professional you trusted. At MV Law, our team of professional negligence lawyers are experts at recognising, pursuing, defending and resolving non-medical professional negligence claims.

Our team will give you frank and fearless advice about the strength of your legal position, and the likely outcome of any dispute. We provide plain-English advice, and we give full and open disclosure of all legal costs to ensure you’re properly informed about the next steps.

Professional negligence claims can be tricky as they require proof of your relationship with the professional, how the professional ought to have acted, how they fell short of the standard required and the loss suffered by you as a result.

Even if you never signed a contract with the professional in question, you still may have a case for breach of the professional’s common law duty of care. A retainer between a client and professional can be expressed (in writing or by spoken words) or implied by the conduct of the parties. A retainer will be implied where it is clear from the conduct of the parties that there was an understanding and an intention that a professional/client relationship existed.

Be empowered to move forward with advice and services from our award-winning disputes law team.

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