Why would someone want to claim against you?

Why would someone want to make a Professional Indemnity Claim against you?

 

If a client suffer some harm or loss as a result of a Professional’s carelessness, what could they do about it?

They can sue you for negligence and try to get some compensation for the harm or loss that they have suffered.

 

Is a claim worth the effort?

The claimant would need to obtain Legal advice to determine:

  • whether there is any legal basis to a claim
  • who is the person to be sued
  • the chances of success
  • the costs involved in going to court e.g. legal costs, court fees and specialist reports

In defending a matter, the court might say that nobody was legally at fault  because they did everything needed to satisfy their standard of care despite their injuries or economic loss.

Even though your mistake causes an injury or loss, the court might sometimes find that this mistake was reasonable and that you did not breach a standard of care. People do make mistakes, and these are allowed so long as they are reasonable mistakes.

For this reason, your insurers will hire highly skilled and competent lawyers to help defend the matter if you are being sued for negligence because these things can be complicated.

  

What would they have to prove to win a negligence case in court?

They would have to demonstrate three things:

  • That the person was owed a duty of care by you ;
  • That you did something or failed to do something that a reasonable person in the same circumstances would not have done;
  • That they suffered some harm or loss because of what you did or didn't do.

If it is due to you being sued for personal injury, the claimant will need to have their injury assessed by a doctor before issuing any proceedings to establish what level of impairment their injury has reached. They cannot get compensation for any injuries unless they have a certain level of impairment. This is something which a doctor decides.

 

Are these things easy to prove in court?

Sometimes they can be. Often the most difficult thing to show is what would be

considered reasonable in the circumstances. People can have very different ideas about what is reasonable, and if being sued by someone for negligence, your defence will be that what you did, in the circumstances, were quite reasonable.

It is possible too that they contributed to the harm and loss they suffered because of something they did or didn’t do.

 

How does the court decide who is right?

In trying to decide who is right and who is wrong on these sorts of issues, the court will take a range of things into account, such as:

  • Decisions that other courts have made on the same sorts of issues
  • Professional standards that might apply in the situation
  • Legislation (laws made by the government) that might state what is expected in the circumstances
  • The court's view of what the ordinary person in the community is likely to think about what is reasonable in the circumstances.

All of these things are open to interpretation and if you are being sued by someone for negligence, these things will need to be defended as strongly as possible.

This is one reason why it is important to be insured for these risks and receive the legal defence if you are being sued for negligence.

 

 

  

Latest News

Three Years running - Insurance Brokerage of the Year 1 to 5 staff

Mandy and Robert Cooper were extremely honoured and astounded to once again win, Insurance Brokerage of the Year for 2020 from Insurance Business Australia magazine. This is the third year running.

While this year has not been the easiest of years for the business with Covid 19, the Recession, the hard market and issues at Lloyds of London, we are literally all in this together as an Insurance Industry.

CPR Insurance Services continues to make our clients the number one focus of our business while managing our relationships with Insurers, who we need more than ever in this market climate.

CPR Insurance Services are a highly ethical Brokerage with a reputation as a trusted advisor who always acts in the Client's best interests. Their experience, knowledge and expertise is amongst the highest in the industry.

CPR Insurance Services is now ten years old as a business and is proud of being an Authorised Representative of Ausure and their partnership with Steadfast, giving CPR the strength and backing to match it with any Broking firm in the Insurance Industry, but remain focussed on supporting the Small to Medium business segment.

Memberships of the National Insurance Brokers Association, Australia and New Zealand Institute of Insurance and Finance, Australian Insurance Law Association, Australian Professional Indemnity Group and the Australian Institute of Company Directors, ensures CPR Insurance Services maintains the high standard of knowledge and expertise required to be one of the best Brokerages in Australia.

CPR Insurance Services also plays a strong role in their local community supporting other Sporting Clubs and Community organisations. They also support and promote local businesses with their operation of the Kedron Brook Business Group who meet regularly and has 174 members.

We are truly honoured to receive this National award once again for the third year as a recognition of CPR Insurance Services contribution.

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Finalist for QLD Broker of the Year

Robert Cooper was honoured to be nominated as a finalist for Queensland Insurance Broker of the year for 2020, as part of the National Insurance Brokers Association. Unfortunately he missed out on the ultimate award but is a reflection of the high standard that the industry now has for such awards.

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