Professional Negligence
6. Claiming Compensation
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 24 Aug 2015
- A plaintiff may be able to recover any loss suffered because of professional negligence if they successfully bring a claim for compensation in court.
- In Australia professional negligence cases are subject to strict time limits. In most cases the plaintiff has 6 years starting from when they suffered the loss to commence court proceedings.
- If the plaintiff fails to meet this time limit they lose the opportunity to pursue their claim. It is therefore imperative to obtain legal advice promptly. If you believe you have a claim for compensation our free Find a Lawyer directory may help you get in touch with an experienced negligence lawyer near you.
- The amount that a plaintiff can claim depends on their particular situation and the amount of loss that resulted from the professional’s negligence.
- If your claim is successful you will be compensated for your losses. Loss refers to financial loss or injury related loss. For example you may claim your:
- legal costs;
- professional and medical expenses;
- past financial loss and future financial losses including loss of wages and future income; and
- non-economic losses such as pain, suffering and loss of enjoyment of life.
- Usually a professional negligence case can take between 6 months and 2 years to go through court depending on the complexity of the issues. Generally claims are settled outside of court and in shorter period of time. Early settlement is encouraged to reduce costs, save the court’s time and to expedite resolution.
- All professionals are legally obligated to have Professional Indemnity Insurance. Any claim awarded is usually covered by the professional’s insurance.
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