Professional negligence can occur in any profession, from legal and medical fields to financial and architectural services. When a professional fails to perform their duties to the required standard, resulting in harm or financial loss, you may have grounds for a professional negligence claim. At Stephensons our experienced team is dedicated to resolving these claims efficiently and cost-effectively.
What constitutes a professional negligence claim?
Professional negligence arises when a professional fails to provide the standard of service expected in their field, causing their client to suffer a loss. This can include mistakes, omissions, or substandard advice. Common professions where negligence claims may arise include:
- Solicitor negligence: Missed deadlines, incorrect legal advice, or inadequate representation.
- Doctors and healthcare practitioners: Misdiagnosis, surgical errors, or incorrect treatment plans (constituting clinical negligence).
- Surveyor negligence: Inaccurate property valuations or failure to identify structural issues.
- Accountant negligence: Incorrect tax advice, errors in financial statements, or failure to detect fraud.
- Financial advisor negligence: Poor investment advice or failure to disclose risks.
- Conveyancing negligence
How do you sue for negligence?
To sue for professional negligence, follow these steps:
Consult a solicitor: Seek advice from a solicitor specialising in professional negligence to assess the strength of your case. They can guide you on the merits of your claim and the potential for success.
Gather evidence: Collect all relevant documents and evidence, such as contracts, correspondence, reports, and any proof of financial loss or harm caused by the negligence.
Establish duty of care: Prove that the professional owed you a duty of care. This involves showing that there was a professional relationship where the professional was expected to provide a certain standard of service.
Demonstrate breach of duty: Show that the professional breached their duty by failing to meet the standards expected of them. This can be through actions or omissions that a competent professional would not have made.
Prove causation: Establish a direct link between the breach of duty and the harm or financial loss you suffered. You need to demonstrate that the negligence directly caused the negative outcome.
Document damages: Provide evidence of the actual harm or financial loss incurred. This could include financial statements, medical records, or any other documentation showing the extent of the damage caused by the negligence.
Pre-action protocol: Follow the pre-action protocol for professional negligence claims (or construction and engineering if the claim relates to Architect Negligence). This involves notifying the professional of your intention to claim and providing details of the alleged negligence. It also includes attempts to resolve the matter before taking it to court.
Negotiate a settlement: Many negligence claims are settled through negotiation or mediation. Your solicitor will help you negotiate a fair settlement to avoid the costs and time associated with a court case.
Issue court proceedings: If a settlement cannot be reached, your solicitor will help you file a claim in court. This involves submitting all necessary documentation and evidence to support your case.
Attend court hearings: Be prepared to attend court hearings where your solicitor will present your case. The court will then decide on the outcome and any compensation due.
Suing for professional negligence
Determining whether a professional has failed to meet the correct standards involves several considerations:
- Duty of care: Establish that the professional owed you a duty of care.
- Breach of duty: Prove that the professional breached this duty by not meeting the standard of care expected.
- Causation: Show a direct link between the breach and the loss or damage you suffered.
- Damages: Demonstrate the actual financial loss or harm incurred.
Various legal arguments may arise, such as the validity of limitation of liability clauses, foreseeability of losses, and the calculation of damages. For example, compensation might be assessed based on the diminution of value rather than actual costs incurred, and compensation could be limited by the principle of loss of chance.
Who can bring a professional negligence claim?
A professional negligence claim can be brought by anyone who has suffered harm or financial loss due to the substandard services of a professional. This includes individuals, businesses, and organisations that have relied on the expertise of professionals such as solicitors, doctors, accountants, surveyors, and financial advisors.
How long does it take to make a professional negligence claim?
In the UK, you generally have six years from the date of the negligent act to make a professional negligence claim. If the negligence is discovered later, you have three years from the date of discovery to file a claim, provided it falls within the 15-year long-stop limit from the original negligent act.
How much compensation for professional negligence?
The amount of compensation for negligence varies widely depending on the specifics of each case. Factors influencing the compensation include the severity of the negligence, the extent of financial loss or harm suffered, and the impact on the claimant’s personal and professional life.
How can Stephensons help?
Professional negligence claims are inherently complex. Simply proving a mistake was made is not enough to guarantee compensation. Often, expert witnesses are needed to provide opinions on whether the professional standards were breached. Our team at Stephensons is adept at instructing and challenging such experts to strengthen your case.
Upon reviewing your specific situation, we will advise whether you should proceed with a professional negligence claim, considering the required investment and associated risks. We also assist with any arising disputes and ensure the appropriate pre-action protocol for professional negligence claims is followed.
A well-prepared case presented from the outset can often lead to early settlements, thus avoiding lengthy and costly court proceedings.
Contact us
If you believe you have a claim for professional negligence, contact Stephensons today. Our expert team is ready to help you navigate the complexities of your claim and secure the compensation you deserve. Call us on 0161 696 6178 or complete our online enquiry form and we will be in touch as soon as possible.
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