All professionals are legally bound to exercise reasonable skill and care when dealing with clients. However, it is unfortunately a sad fact that there are a number of professionals from many different disciplines who take on work for clients without the abilities to be able to carry it out with proper levels of professional care resulting in professional negligence.
If you have received inadequate advice or if a professional has failed to conduct themselves in a proper manner then you may be entitled to make a professional negligence claim.
Disputes arising from professional negligence can involve all manner of professionals including:
- Solicitors or legal advisors
- Negligent Surveyors
- Financial Advisors
- Insurance Brokers
To Make a Professional Negligence Claim A Duty of Care Must Have Been Breached
For a professional negligence claim to be successful you will need to establish the existence of a duty of care on the part of the professional and that this duty has been breached. To establish if a professional has breached their duty of care it must be shown that they have the abilities of a reasonable person in the same profession.
If it is clear that the duty of care has been breached then it is also necessary to prove that your financial loss came about as a direct result of the negligent professional's actions. It is only possible to claim for losses that are reasonably foreseeable.
Certain Procedures Must Be Followed When Making a Professional Negligence Claim
There are certain procedures that must be followed when making a claim for professional negligence. By following the right procedure it will show that there has been co-operation between you and the defendant in an attempt to settle the case without going to court.
These procedures are set out in the pre-action protocol. Basically, they involve corresponding directly with the negligent professional in question either on your own or via a professional negligence solicitor through a Letter of Claim.
The Letter of Claim should include a chronological summary of the case and any allegations made against the professional. The professional must acknowledge receipt of the letter within 21 days of receiving it and has three months to investigate the issue.
If no settlement is reached after this period then you may be able to take your case to court.
If you believe that you have been a victim of professional negligence and would like further advice on this matter then please don't hesitate to contact us on 0800 298 9690 or fill in the Claim Now Form to the right of this screen.
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December 10, 2013
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