Professional Negligence Lawyers - Compensation Claims - Canada Law
A professional negligence lawyer specializes in lawsuits wherein former clients sue professionals for losses incurred as a result of an act of negligence by a professional. Receipt of inaccurate or deficient advice from a professional can be disastrous. Equally catastrophic, is documents improperly prepared your behalf. These forms of malpractice are known as professional negligence. Unfortunately, there are professionals who commit negligent acts or fail to act in a timely manner during the course of their practice and are sued by their clients. Professionals that may be sued for professional negligence include:
As a rule, these professionals are required to carry professional liability insurance against claims of negligent practice. This is advantageous to a professional’s client should the professional act in a negligent fashion; however, this also means that the professional’s insurer will utilize highly specialized lawyers to defend the professional’s claim. We, in turn, offer professional negligence lawyers who have extensive experience in prosecuting professional negligence claims. It is vital that knowledgeable professional negligence solicitors are engaged as insurance companies spare little expense to try to gain dismissal of the lawsuit against the professional.
Most of the time, specialist advice supplied by professionally qualified experts is accurate, however there are times when advice that is tendered is less than adequate, resulting in financial loss when that advice is acted upon by the paying client. Professional negligence lawyers deal with compensation claims for losses caused as a result of wrongful advice from a wide range of experts including law firms, engineers, insurance brokers, accountants, financial advisors, architects, surveyors and real estate agents. This list is not exhaustive and there are many other classes of consultants who are sued by professional negligence lawyers.
Our professional negligence lawyers offer free advice on financial compensation claims, without further obligation, for loses associated with erroneous advice tendered by law firms, engineers, insurance brokers, accountants, financial advisors, architects, surveyors, real estate agents. If you have suffered a monetary loss as a result of taking expert advice just contact our offices and a specialist litigation with expertise in professional negligence compensation claim settlements lawyer will advise you on liability and the likely value of your claim. If after speaking to us you decide not to proceed further you will not be charged for our advice. Please note that we do not deal with complaints about poor service, bad attitudes or inadequate procedures - we only deal with claims involving financial loss caused by negligent lawyers, law firms, engineers, insurance brokers, accountants, financial advisors, architects, surveyors, real estate agents and other professional people that has been or is likely to be sustained.
- wrong advice tendered by an architect
- inadequate plans and drawings
- insufficient project preparation
- negligent building works
- inappropriate contractual matters
Professional negligence by lawyers can involve high value losses especially in the case of real estate transactions which is where the bulk of professional negligence actions against law firms lie. To succeed in a claim against a Law Firm it is necessary to show that the client was owed a duty of care by the lawyer and the solicitor/client relationship takes care of that. Thereafter it is necessary to prove that the lawyer acted negligently in so far as they failed to exhibit a reasonable degree of skill and care which caused financial loss that was directly attributable to the breach of the established duty of care.
There are numerous categories of engineer with many specialising in niche areas. Legal action based on negligence may involve civil, structural, mechanical, electrical, chemical or marine engineers however they are usually involved in legal action for compensation as a third party by the principle defendant, often the main contractor, who denies liability for an independent engineers acts and who seeks to apportion blame elsewhere to avoid payment of damages to the claimant who alleges negligence.
Whilst legal action for architects professional negligence is not common when it does crop up it tends to be in very high value claims. Whilst serious errors are relatively rare, they can be extremely expensive to rectify once the building work is completed. We deal with architects professional negligence in the following circumstances :-
The normal rules about negligence apply to insurance brokers who can be sued for losses caused by failure to act on behalf of clients with a reasonable degree of skill and care. The occasions where an insurance broker can be judged as negligent are numerous however the most common situation involving negligent action by an insurance broker relates to failure to renew an existing policy with an insurance company which lapses prior to an event that causes financial loss to the former policy holder.
A financial adviser generally has a fiduciary relationship with a client and must always act in the clients best interests even to the detriment of their own. The normal business relationship implies honesty, loyalty and trust due to the fact that most clients know little or nothing about financial investment. Failure to be honest or to make full disclosure to a client can make a financial adviser liable to pay damages in the event of losses. If a financial adviser offers inadequate investment advice which causes directs financial loss there will be a judgement of negligence and an award of damages. The mere fact that an investment does not do as well as expected does not necessarily imply negligence by a financial adviser.
Real Estate Professionals
The most common issue relating to negligence by a real estate professional is in regards to valuing real property that is intended for sale at the wrong value. If the price is too high the advertising costs increase and potential buyers are lost causing a direct financial loss to the seller who may miss several opportunities for sale before the error is rectified. Properties offered at an undervalue which sell for less than they are worth have the potential for very substantial losses particularly for high value residences and extensive commercial properties. A real estate professional who also acts as letting agents can sustain losses for clients whilst carrying out their agreed duties.
Proving negligence against an accountant is often a complex matter requiring audit by forensic accounts to reconsider the work carried out and the advice given by the allegedly negligent accountant. We hire forensic accountants whose primary job is to provide evidence on both liability and quantum and to appear in court as an expert witness to prove that the negligent accountant has acted with less than a reasonable degree of skill and care. General complaints about an accountant’s behaviour or poor service are not usually matters that give rise to legal action in a court of law and in those cases complaint should be made to the accountants’ professional body.
Surveyors are responsible for examination and reporting on the integrity of land or property. The extent of the survey should be detailed in the contract entered into by the parties. A common mistake made in relation to taking legal action against a surveyor is for the client to expect a full and detailed survey when they have in fact paid for and agreed to no more than a cursory visual inspection. Particular heed must be paid to the terms and conditions of the contract when instructing a surveyor who must exhibit a reasonable degree of skill and care when carrying out work on behalf of a client failing which a surveyor runs the risk of a damages award for financial losses based on negligence.
Professional negligence compensation claims against lawyers, law firms, engineers, insurance brokers, accountants, financial advisors, architects, surveyors, real estate agents and other professional people are dealt with on a contingency fee basis which means you only pay a legal fee if the case is won and you receive payment of damages. If the case is lost you pay nothing at all. Claims are totally risk free and you will not be asked to fund or finance your lawyers legal charge as the legal case proceeds.
A thorough, competent assessment of professional negligence cases is our specialty and strength. We gather and review evidence to conduct an appraisal of whether a professional negligence lawsuit is likely to be successful, as well as an approximation of probable compensation. Commencing a lawsuit for professional negligence requires substantive investigation, especially a forensic review of records sometimes dating back a number of years. We have trusted resources in place to assist with all aspects of the investigation. We do our utmost to render an opinion on the viability of a professional negligence lawsuit at the earliest possible phase of the inquiry.
Professionals all have a duty of responsibility to act with a level of skill and care that is justifiable in the circumstances. In other words, the professional must act in accordance with standards that are accepted as reasonable by his or her peers. A professional providing counsel to a client must offer advice that does not place the client in danger of financial loss. While the vast majority of professionals fulfill this duty, there are the few that place their clients at risk of grave financial harm.
A professional being sued for professional negligence has two major categories of defence:-
- He or she did not in fact provide the client with negligent advice or services; and
- The client would not have heeded proper advice, if the same had been given.
The Plaintiff in a professional negligence lawsuit must prove financial losses were suffered and those losses were as a direct result of errant or negligent professional services. If the Plaintiff cannot prove financial adversities were sustained expressly through the negligent actions or inactions by a professional, no compensation will be awarded. Losses must be traceable to the negligent acts or omissions.
We are civil litigation lawyers, who have the expertise and resources to conduct litigation on your behalf if you have sustained financial losses through professional negligence. We conduct comprehensive investigations to ensure our advice to you is absolute and precise.
We are a dedicated team of professional negligence lawyers, with the necessary experience to calculate whether it is probable that your claim meets the applicable standards of proof and an approximation of restitution of losses.
We have offices conveniently located across Canada. We offer a no obligation consultation regarding your possible professional negligence claim. If you decide not to proceed with a claim, your initial conference with our solicitors is at no charge.
We deal with compensation claims against a very wide range of professional people including :-
- Advertising Agents
- Building Consultants
- Building Designers
- Computer Consultants
- Financial Planners
- Insolvency Practitioners
- Patent Attorneys
- Pest Controllers
- Real Estate Agents
- Quantity Surveyors
- Superannuation Trustees
- Trade Mark Attorneys