PROFESSIONAL NEGLIGENCE LAW SOLICITORS

What is Professional Negligence?

Professional negligence refers to a breach in the duty of care that should be given by a professional to their client. The duty of care is deemed to be a common law arrangement inasmuch as it reflects the level or standard of service that a consumer should reasonably expect based on common levels held by others in the profession. That is to say that if a consumer or client receives a service or products below the reasonably expected standard for the industry, they may be able to make a claim for professional negligence.

With professional negligence claims being increasingly common, it is important to recognise what a claim entails and when there may be successful grounds for making a professional negligence claim.

Do I have a Professional Negligence Claim?

A professional negligence claim can, in theory, be brought against any professional in any field, such as accountants, solicitors, architects, surveyors or financial advisors. In order to make a successful claim, the claimant will need to demonstrate that they were owed a duty of care by the service professional and that this was not met. This breach must then have led to a loss to the claimant. This need not have been a financial or material loss, as a claim may still be considered in circumstances such as misrepresentation, fraud or breach of contract.

How Will My Claim be Assessed?

An error in the delivery of a service does not necessarily mean that an individual will make a successful professional negligence claim. It is therefore important to recognise that the claimant needs to submit proof against which the professional will be measured. The claimant must prove that the service levels received from the professional fell below those that are deemed to be reasonably competent and acceptable within the industry. The normal standards of the industry will be reviewed to draw comparisons between them and the service given by the professional to determine whether the professional fell short of the normal expected standards.

Each case will be reviewed independently, assessing the promise or offers made by the service professional against those offered throughout the industry. The case will review all areas, including cost, competence, delivery and results. The extent of any loss to the claimant will be evaluated fully to determine whether the service professional breached their duty of care to the service user or receiver. When determining any compensation payments, the focus will be upon the extent of the loss and the extent of the service breach. This will enable a judgement to be made as to a relevant amount of compensation.

A claimant will not be able to make claim for losses incurred that could have been avoided if they had taken reasonable action. Furthermore, any payments awarded will be reduced if the claimant is found to be partially to blame. This is known as contributory negligence.

Are There Any Time Considerations For Making a Claim?

If an individual feels that they have grounds to make a professional negligence compensation claim, they are well advised to begin proceedings at the earliest opportunity. Delays in commencing a claim will strengthen the case of the defending service professional, and as such, weaken the potential for a successful claimant outcome.

The standard time limit on making a professional negligence claim is six years from the date of the negligence. If the negligence is not immediately apparent, this time period may be extended upon the discretion of the court. Most courts consider it appropriate for the claimant to commence proceedings within three years of becoming aware of the facts that form the basis of the claim.

The professional negligence solicitor will advise their client as to how to proceed and where possible, will follow the ‘Professional Negligence Pre-Action Protocol'. The protocol is designed to save time and costs by sharing information between parties readily and to encourage an out of court settlement. As such, the pre-action stage of the protocol includes in depth sourcing of details, evidence and correspondence, though this can eliminate several charges and court time delays further on.

Should I Make a Claim if I Think the Professional Has Minimal Assets?

Most service professionals will be covered by indemnity insurance policies, which ensure that they are covered in the event of such claims. This provides the financial basis to pay compensation and fund losses to claimants if needed. It is important to determine whether the service professional holds such insurance at the earliest opportunity, which is something an experienced professional negligence solicitors will do for you.

Will I Have to go to Court?

If the process of the Professional Negligence Pre-Action Protocol is unsuccessful in achieving a result, court proceedings will need to be issued. It takes approximately a year to reach the date of a court hearing following the initiation of proceedings, and so claimants should be aware of likely delays. If the case does go to trial, the claimant and defendant, along with any witnesses, are likely to be expected to appear in court to give evidence. The majority of such cases are settled prior to a court hearing.