 |
 |
|
|
|
|
|
|
|
|
"LEGAL EDGE," The Cedar Rapids Gazette newspaper I'M THINKING OF SUING FOR NEGLIGENCE. WHAT TYPE OF DAMAGES CAN I ASK FOR? If a person suffers bodily injury because of the negligence of a professional, damages may include physical and mental pain and suffering, disability, and out of pocket economic loss such as medical expenses, lost income and loss of earning capacity. If death has resulted, damages can include pre-death pain and suffering, out of pocket expenses, and loss of accumulation to the victim's estate. The spouse, minor child or parent of someone who has been injured or who has died can recover for their loss of financial support, society and companionship. A lawyer, accountant or other professional who negligently causes economic harm to a client may be responsible for out of pocket costs and expenses, loss of income or future earnings, and loss of profits. Other damages may be appropriate, depending upon the harm suffered and the facts of the case. Where reckless or outrageous conduct is involved, punitive damages may also be appropriate. Mark Liabo "LEGAL EDGE," The Cedar Rapids Gazette newspaper I think my accountant was negligent. Is there any profession that CANNOT be found legally negligent? Generally, all professionals who are in the business of providing personal services to clients or patients must comply with the standard of care of their profession. Accountants, as well as doctors, lawyers, dentists, veterinarians and most other licensed professionals can be found legally negligent and responsible for the harm their negligence causes the client or patient. Some exceptions exist. A student who fails to graduate cannot sue the teacher for negligently failing to teach. A member of a congregation or parish cannot sue the minister, priest or rabbi for negligence in carrying out the duties of those professions. All professionals are allowed to exercise reasonable professional judgment, and are not negligent if they do. Whether a particular professional may be liable in any given circumstance is sometimes hard to determine. For this reason, an attorney representing a client with a professional negligence claim must work closely with experts in the field and become familiar with the relevant standards of that profession. Mark Liabo "LEGAL EDGE," The Cedar Rapids Gazette newspaper Is there ever a situation when negligence is defensible? The negligence of a professional cannot be excused any more than the negligence of a motorist who runs a red light can be excused. But with professional negligence, the patient or client may not know that their doctor, lawyer, dentist, accountant or other professional advisor has been negligent. Everyone understands that running a traffic light is wrong, and we can tell right away if a car crash has occurred. Professional negligence, and the harm caused by that negligence, may not be so easy for a non-professional to detect. Poor communication may be a patient or client's first clue to a problem. "He doesn't take the time to listen to me" or "I can never understand what she is saying" are common complaints of people who have had problems with their professional advisor. You have the right to insist that your professional advisor keeps you fully informed and communicates in ways that you can understand. Mark Liabo Tom Riley Law Firm, P.L.C.
Home // Firm Overview // Attorneys // Practice Areas // Offices The determination of the need for legal services and the choice of a lawyer are extremely important decisions that should not be based solely upon advertisements or self-proclaimed expertise. This disclosure is required by rule of the Supreme Court of Iowa. A description or indication of limitation of practice does not mean that any agency or board has certified such lawyer as a specialist or expert in an indicated field of law practice, nor does it mean that such lawyers is necessarily any more expert or competent than any other lawyer. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. This notice is required by rule of the Supreme Court of Iowa. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Copyright © by Tom Riley Law Firm, P.L.C. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement. |
