Professional Liability

Topics

Professional Liability, The Main Types of Liability Claims

Understanding Professional Liability: When Expert Advice Goes Wrong

Professional liability is the legal responsibility that experts bear when their work, advice, or services cause harm to a client. It exists because we rely on professionals—doctors, lawyers, accountants, architects, and financial advisors—to poss...

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FAQ

Frequently Asked Questions

A prompt check allows you to observe the person’s initial condition and statements before they have time to exaggerate or fabricate injuries. If someone claims a severe back injury but is seen walking, bending, and refusing assistance at the scene, your documented observations directly contradict a later exaggerated claim. Immediate assessment provides a baseline of facts that makes it much harder for a claimant to successfully invent or amplify injuries after the fact.

The property owner or the party in control of the premises is typically responsible. They have a legal duty to keep their property reasonably safe for visitors. This means regularly inspecting for hazards, fixing dangerous conditions, or providing clear warnings. Responsibility is not automatic; it depends on whether the owner knew or should have known about the hazard and failed to take appropriate action to address it within a reasonable time.

Do not accept until you are certain you have identified all your current and foreseeable future losses. This includes medical bills, lost income, property damage, and costs for ongoing treatment or therapy. Once you accept a settlement, you cannot go back for more money, even if a more serious injury emerges later. It is critical to have reached “maximum medical improvement” or have a clear prognosis from your doctor before finalizing any claim.

A first-party claim is when you make a claim for your own loss under your own policy, like using your collision coverage to fix your car. In liability, we deal with third-party claims. Here, you are the “first party,“ your insurer is the “second party,“ and the person making the claim against you is the “third party.“ Your insurance handles the third party’s claim for damages they allege you caused. The insurer pays them directly if you are found liable, protecting your personal finances.