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 to be satisfied are 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:
- Preliminary notice
- Letter of claim
- Letter of acknowledgment
- Investigations
- Letter of response and letter of settlement
- Alternative dispute resolution
For further advice on each of these steps, do contact us via the details below.
How long do I have to make my claim?
You usually have 6 years from the date of neglect to bring a professional negligence claim. However, this can vary depending upon the circumstances of your case. If you do 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:
- An accountant giving poor financial advice which causes you to suffer a loss
- A surveyor failing to report significant defects in a property you have bought.
- 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 sector/field.
Further advice
Contact our team on 01792 468684 or email enquiries@pgmsolicitors.co.uk.
