Shebell & Shebell Represents Victims of All Types of Professional Negligence in New Jersey
Professional liability law includes negligence by any type of licensed professional, including doctors, registered nurses, lawyers, accountants, insurance brokers, pharmacists, engineers, architects, stock brokers, money managers, and others.
What is Professional Negligence?
Professional Negligence, also known as malpractice, is a departure from an accepted standard or rule of care that is accepted in the professional field. In other works, when you compare the conduct of one professional’s conduct to a reasonably-competent professional in the same field, you must show that the professional accused fell below the acceptable standard.
Each profession may have different standard of conduct, guidelines and rules. If you hired a professional and you believe that they failed to meet these standards, they may be responsible for your losses. Most often, an expert in the same field must review the conduct of the professional you believe acted negligently, and come to the conclusion, within probability, that the standards of conduct have been violated.
The experienced professional liability lawyers at Shebell & Shebell can help to protect your rights if you have been the victim of professional malpractice, and to help you recover for losses or injuries which you have suffered.
Legal negligence is an complex area of law, which has lead to confusion over when a person can sue. Many people believe that when an attorney gets a bad result, or there is disagreement with the attorney over a legal fee, or even acts unethically, then the attorney has acted negligently.
Negligence or malpractice claims require that the lawyer is your lawyer, meaning that you have retained that lawyer to represent you. You generally cannot maintain a legal malpractice claim against the other side’s attorney in a lawsuit, nor against a lawyer that has not agreed to represent you.
The statute of limitations is the time period that you have to file a lawsuit. In most personal injury cases like auto crashes and fall down injuries, this time period is two years from the date you were hurt. If your attorney took your case and did not file the lawsuit to protect your rights within the time period, contact us immediately to determine if you have a case. A claim of legal negligence is governed by a six-year limitations period.
A malpractice claim requires a showing that the lawyer’s representation fell below the minimum standards required by a lawyer in that field. That is, an attorney does not have to provide top service to you, only reasonably-adequate representation is required, to avoid liability. Liability can occur when a lawyer fails to meet the standard.
The proofs in a legal malpractice case also requires you to prove “the case within the case”. In other words, that you would have won the underlying matter that forms the basis for your lawsuit, and then also prove that you did not win because the attorney fell below the standard of care. Basic errors of judgment, attorney-strategy decisions, and even mistakes made that were cured are not malpractice, even if they result in you losing your case.
Due to the complexity of these matters, we highly recommended that you contact our office to discuss them as soon as you think you may have a case. The experienced trial attorneys at Shebell & Shebell can assist and guide you in protecting your rights and recovering just compensation for your legal malpractice losses.
Dental negligence is defined generally as a dentist or oral surgeon’s negligent act of falling below the required standard of dental or oral surgical care, resulting in pain or lasting injury. Common types of dental negligence include:
- Improper use of equipment
- Failure to diagnose a condition
- Wrongful extractions
- Not considering relevant medical history before treatment
- Medication errors
These errors can lead to immediate traumatic injury, nerve damage, permanent numbness of the tongue, misalignment, loss of taste, infections, disfigurement and even death. Victims of dental malpractice may suffer lost wages due to the intense pain they have suffered.
As professionals, accountants are held to a certain standard and can be sued if they fail to provide services at those standards. There are two main types of accountant malpractice:
- GAAP and GAAS: Accountants must follow certain rules set forth in the Generally Accepted Accounting Principles (GAAP) and the Generally Accepted Auditing Standards (GAAS). If an accountant fails to comply with these rules he may be guilty of malpractice.
- Securities: Accountants handling securities sales must follow all applicable laws, including the Racketeer Influenced and Corrupt Organizations Act (RICO) and The Securities Acts of 1933 and 1934. Accountants who fail to obey these laws may be guilty of malpractice.
Like other types of professional negligence cases, in order to prove your case you must establish that:
- The accountant owed a duty to you
- The accountant breached that duty, by failing to follow the GAAP or GAAS or applicable laws
- You suffered serious harm (a significant loss in property or finances) as a result of the accountant’s negligence
Proving accounting negligence may be more difficult than establishing other types of professional liability, because accountants tend to be particularly skilled in hiding unjustly acquired revenue, for example, by utilizing offshore accounts. The experienced professional liability lawyers at Shebell & Shebell can investigate your case and give you the best advice on how to proceed.
If you suspect that you are a victim of professional malpractice, call us today at 866-957-5237 or contact us online. We are ready to assist you with your case.