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Suffered Losses Due to Professional Negligence in North Carolina?

If a lawyer, accountant, or advisor failed to meet professional standards, you may have a claim. Schedule a consultation to explore your legal options.

  • No fees unless we win (in most cases)
  • Speak directly with a professional negligence attorney
  • Holding professionals accountable across North Carolina

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When a professional’s mistake costs you money, health, or time, you deserve justice.

Accountants, lawyers, doctors, engineers—we trust these professionals with our most important matters. When they fail to meet basic standards of care, the results can be devastating. Lost money, damaged property, or even personal injury can turn your life upside down through no fault of your own.

At DeMent Askew Johnson & Marshall, we represent people harmed by professional negligence throughout North Carolina.

You relied on a professional’s expertise and paid for their services. When they fail to deliver the standard of care you deserve, you shouldn’t have to bear the consequences alone.

What Is Professional Negligence?

Professional negligence happens when someone who offers special skills or services fails to perform to the standard expected in their field. Unlike ordinary negligence, professional negligence involves specialized knowledge and training.

In North Carolina, professional negligence cases require proving that:

  • A professional-client relationship existed (creating a duty of care)
  • The professional failed to use the skill and care common to their profession
  • This failure caused harm
  • You suffered actual damages as a result

Professionals must follow accepted standards of practice in their field. When they cut corners, make careless mistakes, or lack proper skills, they can be held legally responsible for the harm they cause.

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Common Examples of Professional Negligence

Professional negligence can occur in nearly any field where specialized skills are offered. Here are some common examples:

Legal Malpractice

When attorneys miss critical filing deadlines, apply incorrect laws, or fail to properly prepare for trial, their clients can lose rights, cases, and money. In North Carolina, legal malpractice often involves missed statutes of limitations or improper handling of client funds.

Accounting Negligence

Accountants who make tax filing errors, give poor financial advice, or miss deductions can cause significant financial harm. We’ve seen cases where accountants’ mistakes led to IRS audits, penalties, and lost business opportunities.

Engineering and Architectural Errors

Faulty building designs, structural mistakes, and code violations can lead to costly repairs, delays, or even unsafe conditions. Construction problems often trace back to professional negligence in the planning stages.

Medical Malpractice

When healthcare providers deviate from accepted standards of medical care, patients can suffer injuries, worsened conditions, or even death. While we handle medical negligence cases separately, they represent a significant form of professional negligence.

Insurance Agent Failures

Insurance professionals who fail to secure requested coverage, misrepresent policy terms, or allow policies to lapse without notice leave their clients vulnerable to devastating losses when accidents or disasters occur.

Common Signs of Professional Negligence

Recognizing professional negligence can be difficult if you don’t have expertise in the field. However, certain warning signs should alert you to potential problems:

Inconsistent or Conflicting Advice

When a professional constantly changes their recommendations or gives advice that contradicts their previous guidance without clear reasons, they may not have the expertise they claim to possess.

Missed Deadlines or Delays

Professionals who repeatedly miss important deadlines or take unusually long to complete routine tasks may be neglecting their responsibilities. In time-sensitive matters, these delays can directly cause harm.

Poor Communication

Professionals who avoid your calls, fail to respond to emails, or seem reluctant to provide updates may be hiding mistakes or problems.

Unexpected Negative Outcomes

While not all bad results stem from negligence, unexpected negative consequences that the professional didn’t warn you about may indicate they failed to exercise proper care or foresight.

Refusal to Provide Documentation

When professionals resist giving you copies of important documents, records, or communications related to your matter, they may be concealing evidence of their negligence.

How to Prove Professional Negligence in North Carolina

Proving professional negligence is more complex than ordinary negligence cases. Our attorneys will help establish:

1. Professional Duty of Care

We must first prove a professional relationship existed, creating a duty of care. This is usually shown through contracts, engagement letters, or proof of payment for services.

2. Breach of Duty

Next, we must prove that the professional failed to meet the standard of care. This often requires expert testimony from other professionals in the same field who can explain what should have been done differently.

3. Causation

We must connect the professional’s mistake directly to your harm. This means showing that but for the professional’s negligence, you would not have suffered damages.

4. Damages

Finally, we must document your actual losses. These include:

  • Financial losses
  • Additional professional fees to fix the problem
  • Lost business opportunities
  • Property damage
  • Personal injury in some cases
  • Lost time and added stress

Proving professional negligence takes more than showing a mistake—it requires clear evidence, expert insight, and strategic legal work.

Wake County Courthouse
Handles civil and criminal matters in Wake County
  • Address: 300 S Salisbury St, Raleigh, NC 27601
  • Hours: M-F 8:30 A.M.-5 P.M.
  • Phone:(919) 792-4000

North Carolina Laws on Professional Negligence Claims

Several North Carolina laws affect professional negligence cases:

Statute of Limitations

Under N.C. Gen. Stat. § 1-52, you typically have three years from the date of the negligent act to file a professional negligence lawsuit. However, in some cases, the “discovery rule” may apply, giving you time from when you discovered (or should have discovered) the negligence.

For certain professions like medical providers, specific rules may apply. Waiting too long can permanently bar your claim, so it’s critical to consult an attorney promptly.

Contributory Negligence Rule

North Carolina follows a strict contributory negligence rule. If you were even slightly responsible for your own damages, you may be completely barred from recovery. Our attorneys will work to demonstrate that the professional’s negligence was the sole cause of your harm.

Expert Witness Requirements

Most professional negligence cases require expert testimony to establish the standard of care. The expert must have knowledge and experience in the same field as the professional who caused harm. Their testimony helps explain to the judge and jury what a reasonable professional would have done in similar circumstances.

How Our North Carolina Professional Negligence Lawyers Can Help

Professional negligence cases demand specialized legal knowledge and resources. Our attorneys will:

  • Thoroughly investigate what happened
  • Identify all potential claims and parties
  • Consult with experts in the relevant field
  • Calculate the full extent of your damages
  • Build a compelling case for liability
  • Negotiate with insurance companies
  • Take your case to trial if necessary

You don’t have to take on powerful professionals or insurance companies alone. Our team has the experience and resources to demand the accountability and compensation you deserve.

We Handle the Hard Cases—So You Don’t Have To

Professional negligence can cause serious financial harm, property damage, and emotional distress. At DeMent Askew Johnson & Marshall, we believe professionals should be held to the standards they promise to uphold.

Our experienced professional negligence lawyers have successfully handled cases against negligent professionals across North Carolina. We know how to gather the evidence, secure expert testimony, and build compelling cases that get results.

Don’t let a professional’s mistake ruin your finances or your future. Contact us today for a no-obligation consultation to discuss your case and explore your legal options.

Call or contact us online to speak with a dedicated North Carolina personal injury lawyer about your professional negligence case.

Serving clients in Raleigh, Durham, Orange, Carteret, and Chatham Counties, and throughout North Carolina.

Areas served

Wake County

  • Raleigh
  • Cary
  • Apex
  • Morrisville
  • Garner
  • Holly Springs
  • Fuquay-Varina
  • Wake Forest
  • Rolesville
  • Knightdale
  • Wendell
  • Zebulon

Carteret County

  • Beaufort
  • Morehead City
  • Atlantic Beach
  • Emerald Isle
  • Newport

Durham County

  • Durham

Orange County

  • Chapel Hill
  • Carrboro
  • Hillsborough

Chatham County

  • Pittsboro
  • Siler City

Johnston County (Smithfield courthouse only)

  • Smithfield

FAQs

What is the difference between negligence and professional negligence?

Regular negligence involves a failure to use reasonable care that any ordinary person should use. Professional negligence specifically involves someone with specialized training or expertise failing to meet the standards of their profession. The standard for professionals is higher because they possess special knowledge and skills that the average person doesn’t have, and clients rely on this expertise when hiring them.

Can you sue for professional negligence?

Yes, you can sue for professional negligence in North Carolina when a professional you hired fails to meet the standard of care expected in their field, and this failure causes you harm.

What is commonly called professional negligence?

Professional negligence is often called “malpractice” in many fields. Legal malpractice, medical malpractice, accounting malpractice, and architectural malpractice are all forms of professional negligence. The term applies whenever someone with specialized training fails to meet the standards expected of qualified members of their profession.

What are the four elements of a professional negligence claim?

To win a professional negligence claim in North Carolina, you must prove all four of these elements:

  • Duty: The professional owed you a duty of care based on your professional relationship
  • Breach: They failed to meet the standard of care expected in their profession
  • Causation: Their failure directly caused your harm (not some other factor)
  • Damages: You suffered actual, measurable losses as a result

All four elements must be present. Even if a professional made a serious mistake, you can’t recover damages unless you can prove the mistake actually harmed you.

Cases We Handle

Areas Served

IN RALEIGH:
333 Fayetteville Street,
Suite 1513
Raleigh, NC 27601 Get Direction
(919) 833-5555
IN MOREHEAD CITY:
810 Arendell Street
Morehead City,
NC 28557 Get Direction
(252) 251-5555
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