Question

Can I sue a professional accountant, engineer, architect, insurance agent or lawyer for malpractice or negligence in Louisiana?

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Yes. You can sue a professional if they do not meet an expected standard of care or provide the level of service required by their license.

Professional malpractice and negligence can be devastating. Professionals have expectations. If they did not do what was expected of them or they did not provide the care required, there can be severe consequences. Depending on the details of your case, their actions can harm you, your family or your business.

Their actions can harm you and your business. In the most extreme cases, their negligence or malpractice might have led to someone’s death.

It does not matter if it was an intentional act, something they should have done that was not completed, or a mistake, they are responsible for their actions. When these professionals got their licenses, they committed themselves to the profession and a level of service.

Examples Of Professional Negligence

If a professional failed, you could have legal options. If you lost money, you or someone you care about was hurt, or a loved one died, you might be able to sue.

Examples of professional negligence or malpractice include:

  • Accidents and injuries
  • Financial (accountants/tax preparation issues)
  • Breach of confidentiality
  • Conflict of interest
  • Engineering and architecture design problems that led to safety issues
  • Insurance agent negligence
  • Legal malpractice
  • Medical malpractice
  • Poor advice that led to financial loss

What Types Of Damages Can I Collect?

Malpractice, commonly referred to as professional negligence, often comes down to incompetence. If you have a case, the damages you can recover include:

Economic

These are the financial losses lost. They can be either specific or special damages.

They include:

  • Compensation for past/future medical expenses
  • Cost of repairs or required replacement of property
  • Damage to property
  • Lost earnings or lost business opportunities due to your injuries

Economic damages might not be available in every case. Some cases depend on contributory negligence or comparative negligence – damages could be reduced if the plaintiff has some level of negligence.

Noneconomic Damages

These are general damages. They are often monetary awards in personal injury lawsuits. These damages are usually for nonmonetary losses.

They include:

  • Disability or disfigurement
  • Injury
  • Loss of companionship or consortium
  • Loss of enjoyment of life
  • Loss of reputation
  • Pain and suffering

Not every professional’s actions are considered “reasonable”

Professional malpractice and negligence case can be complex. You will have to prove the professional did not exercise a reasonable and prudent person would have performed in their profession. If might be in your best interest to hire a professional malpractice attorney to guide you through your case.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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