Our goal is to help people in the best way possible. this is a basic principle in every case and cause for success. contact us today for a free consultation.
Practice Areas
Newsletter
Sign up to our newsletter
Australia-wide · No win, no fee · Free case evaluation — speak to us today
how it works
When a professional you trusted gets it wrong — seriously wrong — the aftermath can feel completely overwhelming. You’re dealing with the harm itself, and on top of that, you’re expected to somehow figure out whether you have a legal claim, what that involves, and whether it’s even worth trying.
Most people don’t pursue legitimate claims simply because the process feels like a mystery. This page is here to change that. Below is a plain-English walkthrough of exactly what happens when you make a professional negligence claim with Fair Go Australia — from your first conversation with us, right through to resolution.
THE PROCESS
The most important thing to understand is this: making a claim doesn’t mean going to court. It starts with a conversation — a quiet, confidential conversation where you tell us what happened and we help you understand whether there’s a viable path forward.
The reality is that the vast majority of professional negligence matters are resolved before they ever reach a courtroom. Negotiation, mediation, and settlement are far more common outcomes than a full trial. Most people find the process considerably less confrontational — and considerably less disruptive — than they expected.
You don’t need to have everything worked out before you come to us. You don’t need a folder of documents or a clear legal argument. You just need to be able to tell us what happened.
Free case evaluation
The process begins with a free case evaluation. This is a confidential conversation — no cost, no obligation, no strings attached.
You’ll tell us what happened: who the professional was, what they did or failed to do, and what that’s cost you. If you have documents — reports, contracts, correspondence — bring them if you can, but don’t let the absence of paperwork stop you from making contact. At this stage, what matters most is the story.
At the end of the evaluation, you’ll receive an honest assessment. If there appears to be a viable claim, we’ll tell you clearly and explain what the next steps look like. If there isn’t, we’ll tell you that too — plainly and without wasting your time.
Start with a free case evaluation — there’s no obligation and no cost.
Initial assessment and advice
If the free evaluation indicates there may be a claim worth pursuing, our experienced legal team will conduct a more detailed assessment of your situation.
This involves reviewing whatever documentation exists, mapping the timeline of events, and identifying the specific failure — what the professional did or didn’t do, and how that falls below the standard a reasonably competent practitioner in their field would have met. We’ll also look at what that failure has actually cost you, because causation and loss are central to any professional negligence claim.
You’ll come out of this stage with a clear picture of your prospects — not vague encouragement, but a frank assessment of what the claim looks like and what’s realistic.
Building your claim
Once a decision is made to proceed, the legal work begins in earnest. This is where our team does the heavy lifting.
Building a strong professional negligence claim typically involves gathering and organising evidence, obtaining any expert opinions required, and preparing the formal claim documentation. In professional negligence matters, expert evidence is almost always necessary — a medical expert in a medical negligence case, for example, or an independent senior solicitor in a matter involving a lawyer’s conduct. Sourcing and briefing those experts is our job, not yours.
Your role during this stage is to keep us informed and to provide information when we ask for it. You will not be expected to navigate the legal system alone or interpret complex legal documents without guidance. We’ll explain everything that’s happening and why.
Negotiation and resolution
Most professional negligence claims are resolved through negotiation — not in a courtroom. Once the claim is prepared and formally presented, we negotiate on your behalf with the professional, their insurer, or their legal representative.
The goal is a settlement that fairly compensates you for the loss you’ve suffered. Our team will keep you informed throughout the negotiation process, explain any offers that come through, and give you clear advice on whether to accept or push further. You make the final call — always.
Some matters do proceed to litigation when a fair settlement can’t be reached. If yours is one of them, we’re ready to run it. But it’s worth knowing that many cases that look like they’re heading to court are settled before they get there.
Outcome
If your claim succeeds, compensation is recovered and the no-win, no-fee arrangement operates as agreed — our legal fees are deducted from the compensation recovered, and you receive the balance. The specific fee arrangement will be explained to you clearly before you proceed, so there are no surprises.
If the claim is ultimately unsuccessful, you owe us nothing in legal fees. That’s what no-win, no-fee means in practice — not just a marketing line.
There’s no single answer to this, and anyone who gives you a firm timeline without knowing the details of your matter is guessing. What we can tell you is that straightforward claims — where liability is reasonably clear and the professional’s insurer engages constructively — can sometimes be resolved within several months. More complex matters, particularly those involving disputed expert evidence or multiple parties, can take longer.
What typically affects the timeline: the responsiveness of the professional and their insurer, the complexity of the expert evidence required, whether the matter is genuinely disputed, and whether litigation becomes necessary.
What won’t affect your experience of it is uncertainty about where things stand. We’ll keep you informed at every stage. You won’t be left wondering what’s happening with your own claim.
Nothing upfront. We work on a no-win, no-fee basis, which means you pay no legal costs unless your claim succeeds. If the claim doesn’t succeed, you owe us nothing.
The initial case evaluation is completely free and carries no obligation to proceed. You can come to us, get an honest assessment of your situation, and walk away with no financial exposure if you decide not to take it further — or if we advise that a claim isn’t viable.
If your claim succeeds and compensation is recovered, our fees are deducted from that recovery. The arrangement will be fully explained to you in plain English before you commit to anything.
Don’t wait too long. Professional negligence claims in Australia are subject to strict time limits — in most states, you have approximately three years from the date you became aware (or should have reasonably become aware) of the negligence. The exact limitation period varies by state. Missing this deadline can permanently close off your right to claim. If you are unsure whether your time has expired, contact our team for a free assessment as soon as possible.
You don’t need to have it all figured out before you reach out. You don’t need a legal argument or a complete set of documents. You just need to tell us what happened — and we’ll take it from there.
We’ll give you an honest assessment of your situation. If there’s a viable claim, we’ll explain exactly what’s involved. If there isn’t, we’ll tell you clearly so you’re not left in limbo. Either way, you’ll leave the conversation better informed than when you came in.
Fair Go Australia operates across every state and territory. Whether you’re in a capital city or a regional area, our specialist professional negligence lawyers are available to assist you — and most initial work can be done remotely.
No cost. No obligation. Confidential. We respond within 1 business day.
We respond to all enquiries within 1 business day.
Our goal is to help people in the best way possible. this is a basic principle in every case and cause for success. contact us today for a free consultation.
Sign up to our newsletter