If the actions or services of a professional person have caused you loss or damage, you may be entitled to claim compensation for that loss and damage, contact 07 3303 9800 and speak to one of our principals.
How We Can Help
Our expertise is grounded in our experience acting for people injured in accidents of every sort – work accidents, motor vehicle collisions, slip and fall, medical negligence, product liability, diving accidents, and any other situation where an injury has occurred because of another person’s negligence.
Strict time limits apply to all claims.
To ensure you do not lose your entitlement, it is important that you contact us as soon as possible to discuss your claim.
Free initial consultation
If you have been injured in any way, we are happy to talk to you about making a claim. Whenever possible, we prefer to do this face to face so that you can meet one of our principals and properly discuss your potential claim. If we are unable to assist you or you decide not to proceed, we will not charge you for that initial consultation.
During our initial consultation we will discuss the basis upon which we charge for our services. Many firms advertise that they act on a “no win, no fee” basis. MurphySchmidt does not use that term.
We will usually agree to act on a speculative basis. This means we will only charge you for our professional fees if and when your claim is successfully finalised.
We do not charge uplift fees and our fixed fee arrangements ensure complete transparancy.
We look forward to speaking with you.
Professional Negligence FAQs
If you have suffered financial loss as a result of negligent advice or professional services from someone like a lawyer, architect, accountant, financial advisor, engineer or surveyor, in Queensland or elsewhere, you may be entitled to compensation. We can advise you in detail about your right to claim and your prospects of success.
Most professions require their members to hold professional indemnity insurance as a condition of registration. Your claim will be handled by the insurer, not the defendant personally, and it is the insurer who will pay any damages.
A complaint may also be made to the relevant professional body.
Different rules can apply in other states and overseas – we can advise you about that.
Notice needs to be given to the defendant. Strict time limits apply – you need to get expert advice now about the time limits which apply to you.
It is impossible even to estimate the amount of damages you might recover without knowing a lot more about you and your claim. Damages you might recover include:
- Financial loss flowing from the negligent work or advice
- The cost of rectifying the problem
- In some circumstances, damages to compensate you for personal injury you have suffered.
No, you can handle the claim yourself.
However, insurers have extensive experience in defending professional negligence claims and will often instruct lawyers to act on their behalf. Insurers cannot provide you with independent advice. You may find yourself at a disadvantage if you do not have legal representation.
If the insurer is required to pay something towards your costs, it will not cover your entire costs. The difference will be paid from your settlement or judgment monies. We will discuss this with you in detail when we give you our initial Costs Agreement and before you instruct us to act on your behalf.
This is impossible to say without knowing a lot more about you and your claim. Some relevant factors include:
- the severity and extent of your loss – it is vital that an accurate assessment of your financial loss can be made before any settlement negotiations commence – in Queensland, any damages you receive will be in full and final settlement of your claim.
- whether the insurer disputes liability for your claim.
- the need for expert evidence about how the work should have been performed.
Claims are very rarely decided by a judge. Even if proceedings are issued in court, professional negligence claims frequently settle before reaching trial.
If we think you have reasonable prospects of success, we will usually agree to act on a speculative basis. That means we will not charge for our professional fees unless and until your claim is successfully finalised.
We do require payment of any costs or outlays (eg. medico-legal reports from a specialist) incurred on your behalf, even if your claim is not successful. We will not incur significant outlays without first discussing it with you. An estimate of outlays will be provided in our Costs Agreement.
Our costs will be reasonable – we will discuss them with you in detail before you instruct us to act on your behalf and will enter into a Costs Agreement with you. We strongly recommend you seek independent legal advice about the Costs Agreement before you sign it.