Negligence & Professional Negligence Claims

Negligence Claims 

If you have suffered any type of harm or damage, caused by a breach of duty, you may be able to receive a claim in negligence. In order to have a claim for negligence, the following four criteria need to be met: 

1. The person who caused the harm had a duty of care; 
2. The duty of care was breached; 
3. There is a causal link between the harm caused and the breach of duty of care; and 
4. Sustainable damages have been incurred. 

There are varying types of negligence claims, including: Work injury, Motor Vehicle Accident, Medical Negligence claims, and injuries suffered in other circumstances. In NSW, most claims for damages will be governed under the Civil Liability Act 2002 (NSW). Here at Green and Associates Solicitors, we can assist you in calculating damages for past and future economic loss. If you have suffered any damage, under section 16 of the Civil Liability Act 2002 (NSW), you will have need to have suffered at least 15% of the most extreme case.   

Contact our experienced lawyers here at Green and Associate Solicitors for a free consultation. We will work with you through your negligence claim and will advocate for you every step of the way to ensure you receive all that you are entitled to. 

Professional Negligence 

Professional Negligence differs from ordinary Negligence matters as professionals are held to a higher standard of duty of care. Professionals are regarded as having special skills or knowledge above that of an ordinary person, for example, doctors, lawyers and accountants.  While the test for a standard of care in an ordinary negligence claim is based on the standard of a reasonable person, a professional will be expected to attain the standard of a reasonable person with those skills or knowledge.

If you are a professional, it is important note that no allowance is usually made for inexperience where there is the exercise of some special skill involved. For example, an inexperienced medical practitioner is expected to reach the usual standard of a normally skilful and careful practitioner. However, if the plaintiff knows or ought to know about your inexperience or lack of ability, and voluntarily exposes themselves to the risk of injury arising from that, the standard of care will be assessed with reference to the inexperience or lack of ability. 

We are uniquely placed to act for you if you have been subject to negligence generally or professional negligence. We also act for individuals and corporations accused of professional negligence. 

Green & Associates Solicitors Experience and Success 

• We acted against a law firm that drafted a binding financial agreement (“pre-nup”) incorrectly and failed to advise the client how to structure his affairs to keep it binding and when it could be set aside;
• We have defended and sued professionals over construction projects, including asbestos assessors, architects and builders;
• We have sued conveyancers over negligent advice costing the property purchaser lost profits from the inability to subdivide and develop.

We also provide in-house advice to companies on a range of matters, including:

• employment-law issues (i.e. enforcing or dispute a restraint of trade clause for previous or new employees);
• compliance and regulatory issues (i.e. licencing and underquoting breaches)
• criminal matters;
• property matters;
• defamation proceedings; and
• all types of commercial matters (i.e. drafting shareholder agreements).