PROFESSIONAL NEGLIGENCE: Have you received inadequate advice or representation from a professional? As a result of the same have you incurred financial loss ? In contrast, You can make a professional negligence claim.
Professional negligence is a breach of the duty of care between professionals and their clients. The duty of care is a common law where the client expects a level of professionalism and standards generally followed by concerned professionals.
Disputes of professional negligence involve varied professionals
This includes the following :
- Accountants
- Architects
- Barristers
- Engineers
- Financial advisers
- Insurance brokers
- Solicitors
- Surveyors
- Tax consultants and so on.
For a professional negligence claim to be successful, you will need to
- Firstly, To Establish the existence of a duty of care on the part of the professional
- Secondly, Establish breach of Duty of care
- Third, Prove that your financial loss is due to professional’s negligent actions. In addition, You can claim only reasonable projected losses.
It is advisable to use the services of professional negligence advocates for claims. Our advocates can provide you with important advice on:
- Existence of a duty of care
- Scope of that duty
- Quality of advice given by the negligent professional
- Issue of causation
- Duty to mitigate &
- Measure of compensation
You need to follow certain procedures when making a claim for professional negligence. As a matter of fact, You need to attempt for co-operation between you and the defendant without going to court.
If you did reach any settlement then you may take your case to court. It is important to note that there are strict time limits in which to bring Court proceedings.
Examples of Professional Negligence
There are a variety of claims that could be brought to court. Some examples are
- Valuation reports & Negligent house surveys if any from surveyors
- Conveyancer negligence and property transaction issues
- Bad Medical advice, clinical errors or mistakes of medical negligence
- Complaints on architects, often coupled with building contractors.
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10 simple steps to achieving your compensation for Professional Negligence
Here is a brief explanation of how we manage your claim and the 10 steps we and our clients need to go through together.
Step 1 – Identify what went wrong
Our in-depth discussion with you helps us collect important information about your claim. Information such as:
what you feel went wrong, the financial or other losses this caused you and when you first found out about this.
Step 2 – Relevant document review
We’ll review all your documents and other information if any the professional holds. It helps us to give you our expert opinion on the strength of your case and the likely value of your claim.
Step 3 – Sending Preliminary Notice
If you case your case is strong enough to proceed, we’ll send a Preliminary Notice to the professional. We will explain the basis of your grievance and the claim you are intending to make. The professional has a limited period of time to respond.
Step 4 – Sending the Letter of Claim
Once we receive response, we’ll prepare the detailed Letter of Claim. We will send it to the professional, along with any relevant documents that support your case. This letter will
- Set out the facts of your claim,
- The allegations against him or her,
- An explanation of how this has caused you loss and
- Estimated value of this loss and details of calculation.
Step 5 – The professional’s detailed response
The professional has limited time to investigate and respond to our letter. Moreover, They must provide their answers to the allegations you have made. They need to identify which they admit or deny. In fact, They need to send us copies of any documents they wish to rely on. Of course, They need to provide details of any further information needed from you.
Step 6 – Taking a detailed statement
We will work with you to draft a detailed, accurate statement in your own words about your claim. and the losses that you are now looking to claim for. We may also need to take witness statements from other people who can support your case.
Step 7 – Obtaining experts’ reports
We may need to engage one or more experts to provide a report to support your case. For example, if you have long term injuries. Once you agree on the experts’ reports we will send a copy to the professional you are claiming against.
Step 8 – Issuing court proceedings
We will issue court proceedings against the professional for unsettled claims. We will deal with all the detailed court processes on your behalf uniquely.
Step 9 – Attending your court trial
If your case does go to trial, you will need to attend the hearing, together with any other witness and experts. Likewise, The judge may decide the professional as negligent. Meanwhile, He may award you a compensation amount. In the same fashion, the defendant has to pay us the costs we have incurred in preparing your case. It includes court fees and expert reports by the same token.
Step 10 – Awarding your compensation claim
If you are successful in your case, we will agree a date by which your compensation will be paid to us. so that we can pay your compensation at the earliest.
