Claims against professionals – frequently asked questions

Professional negligence is the failure of a professional to perform to the standard required to satisfy their duty of care to a third party. Professional negligence isn’t just poor service. If professional negligence results in you incurring losses, you may be legally entitled to make a claim for compensation.

If you feel you have suffered at the hands of a professional who has let you down, please seek help early, that’s the key.

At some time or another, we all need to seek professional help. This may be for a wide variety of reasons. You may need an extension to your home, so you engage an architect and or a surveyor. You may need help with your business or tax affairs, so consult an accountant. Obviously, no one wants to consult a lawyer, but sometimes, even that is inevitable.

Our frequently asked questions, shed some light on the processes regarding claims against professionals and some examples:

What is professional negligence?
Professional negligence is the failure of a professional to perform to the standard required to satisfy their duty of care to a third party. Professional negligence isn’t just poor service. If professional negligence results in you incurring losses, you may be legally entitled to make a claim for compensation.

What can I claim for?
The first step in making a claim for professional negligence is working out whether or not you meet the required criteria.

The criteria is as follows:

  • The professional owed you a duty of care
  • This duty of care was breached by the professional
  • You suffered injury or loss as a consequence (loss includes both financial loss and loss of opportunity).
  • If you suffer either damages or financial loss and you can prove it is a result of a breach of duty of care

How do I begin a claim?
There are 6 key steps to making a professional negligence claim. These are set out in the professional negligence pre action protocol. The steps are:

  1. Preliminary notice
  2. Letter of claim
  3. Letter of acknowledgment
  4. Investigations
  5. Letter of response and letter of settlement
  6. Alternative dispute resolution

How long do I have to make my claim?
You usually have 6 years from the date that you suffered loss or damage to bring a professional negligence claim. However, this can vary depending on the circumstances of your case. If you believe you have grounds for a professional negligence claim, it is advisable to discuss your case sooner rather than later.

Will I have to go to court?
You may do – but in many cases, claims can be settled out of court. Your solicitor will be able to advise and guide you through the process if a court visit is on the agenda.

What are examples of negligence by a professional?
There are many examples of professional negligence. Including:

  1. An accountant giving poor financial advice which causes you to suffer a loss
  2. A surveyor failing to report significant defects in a property you are intending to buy
  3. An architect drawing up plans for an extension which does not comply with planning permission resulting in you having to rebuild their extension.

When you use a professional service, the professional is expected to perform to the standard expected of someone in their field.

For further guidance, contact us for specialist advice on 01792 468684 or email enquiries@pgmsolicitors.co.uk. 

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