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HAVE YOU SUFFERED PROFESSIONAL NEGLIGENCE?

Professional Negligence claims

If you have been a victim of any type of professional negligence involving your employer, then you may be entitled to claim compensation. Learn about professional negligence claims below and check your eligibility.

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An introduction to Professional Negligence claims

Trust and expertise form the foundation of any good client-professional relationship. However, when professionals fail to meet the high standards expected of them, the consequences can lead to financial loss, emotional distress, or worse.

This is where the concept of professional negligence comes into play, offering a legal recourse for those adversely affected by the substandard performance of a professional. In this article, we’ll provide a comprehensive guide to help you understand the process of identifying, making a complaint, and pursuing a claim for professional negligence.

Start your Professional Negligence claim today

Complete the claim form and check your eligibility today. Safe, secure and confidential. Apply online in minutes

What are Professional Negligence claims?

Professional negligence external link icon light blue claims arise when a professional fails to perform their responsibilities to the required standard, causing you to suffer a loss or damage. This can apply to a wide range of professions, including:

  • Solicitors
  • Accountants
  • Architects
  • Financial advisors
  • Medical professionals

The cornerstone of such claims is the breach of the duty of care owed by professionals to their clients. It is predicated on the idea that professionals should provide services with a reasonable degree of skill and care. When this does not happen, and it results in financial loss, physical injury, or damage, affected individuals can seek redress through a professional negligence claim.

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How do I know if I have a Professional Negligence claim?

Understanding if you have a viable professional negligence claim involves a detailed assessment of several factors. It’s not just about proving that a service was below expectations; it’s about demonstrating that specific legal criteria have been met. Here’s a breakdown of what you need to consider:

Establishing a duty of care

The first step is to establish that there was a professional relationship between you and the service provider. This relationship is the foundation that creates a duty of care external link icon white It means the professional agreed to provide a service, and you relied on their expertise.
There must also be a clear expectation that the professional was to provide a service that meets standard practices within their industry. This is often implicit in the hiring of a professional for their services.

Breach of duty

The core of a negligence claim lies in proving that the professional failed to meet the standard of care expected of someone in their position. This involves showing that their actions or omissions fell below the level of competence and diligence that a reasonably competent professional would have provided under similar circumstances.

Causation

Demonstrating causation is critical. It’s not enough that the professional made a mistake; you must prove that this mistake directly led to your loss or damage. This means showing a clear causal link between the breach of duty and the harm you suffered.
It’s also important that the harm must have been a foreseeable result of the professional’s breach. If the loss was too remote or unforeseeable, it may be difficult to establish causation.

Quantifiable damage

The essence of a negligence claim is compensating for loss. This loss must be quantifiable in monetary terms. It could be a direct financial loss, additional costs incurred, or a loss of opportunity.
Gathering evidence to support the extent of your financial loss is particularly important. This can include invoices, receipts, financial statements, and expert evaluations.
If your situation meets these criteria, it’s likely you have grounds for a professional negligence claim. At Claims Bible, we can help assess the merits of your case and guide you towards the right path for compensation.

How to make a complaint and claim professional negligence

Before proceeding with legal action, it’s advisable to address the issue with the professional or their firm directly. Many professions have governing bodies or regulatory agencies that offer dispute resolution services or guidance on making a complaint. At Claims Bible, we make sure to cover all areas so that we can find an agreeable resolution for you. Below is a breakdown of how to make a professional negligence claim:

  • Gather Evidence: First, we will compile all relevant documentation that supports your claim. This includes contracts, correspondence, reports, and any other records that detail your interactions with the professional and the outcomes.
  • Partnering You With Legal Experts: From here, we will pass your information on to our legal partners, who are experts in handling complaints like this.
  • Formal Letter of Complaint: Next, our legal partners will draft a comprehensive letter to the professional or their firm, outlining the specifics of your case. This will include the nature of the service provided, where you believe they failed in their duty of care, the direct consequences of their actions, and the damages you’ve incurred.
  • Seek a Resolution: Our team will clearly state what you consider to be a fair resolution to your complaint. This could be a refund, compensation for your losses, or specific action to rectify the issue.
  • File a Complaint: If we can’t come to a resolution, we will move to submit your complaint according to the guidelines provided by the appropriate regulatory body.
  • Understand the Timeline: This type of complaint can be a lengthy process. While some cases may be resolved quickly, others can take longer to reach a conclusion.

Start your Professional Negligence claim today

Complete the claim form and check your eligibility today. Safe, secure and confidential. Apply online in minutes

How much can I claim for professional negligence?

The amount you can claim for professional negligence depends on the extent of your financial loss or damage directly attributable to the professional’s failure. There’s no fixed amount, as each case is judged on its individual merits. Rest assured that our team at Claims Bible do all that we can to ensure you receive fair compensation. We’ll do this by focusing on a few areas that include:

  • Direct Financial Losses: Money lost due to the professional’s actions or inactions.
  • Consequential Losses: Additional financial losses that occurred as a consequence of the initial negligence.
  • Costs of Rectification: The expense of correcting the professional’s mistakes.

The aim is to put you in the position you would have been in had the negligence not occurred. Calculating the precise value of a claim can be complex, but our goal at Claims Bible is to ensure that you receive fair and adequate compensation.

How to claim for professional negligence

Pursuing a professional negligence claim involves several steps that can be quite complex. As such, it’s strongly advised that you work with professionals who understand the intricacies of professional negligence cases, such as our team at Claims Bible, here’s how the process works:

 

  • Evidence Collection: We start by gathering all relevant documents, correspondence, and records that demonstrate the professional’s duty of care, breach, and the resultant loss.
  • Legal Advice: Next, we’ll connect you with our legal partners who have expertise in professional negligence. They can guide you through the legal process to ensure the best chances of success.
  • Pre-Action Protocols: From here, we will follow the specific pre-action protocol external link icon light blue for professional negligence, which may involve sending a detailed ‘Letter of Claim’ to the professional outlining your case.
  • Negotiation and Mediation: Many claims are resolved through negotiation or mediation before going to trial. This can be a quicker and less costly process.
  • Litigation: If a settlement cannot be reached, the case may proceed to court. Your legal partners will prepare your case for trial, including gathering expert witnesses if necessary.

Don’t Delay. Check Now.

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Common Questions

What is the time limit for making a professional negligence claim?

The general time limit for bringing a professional negligence claim is six years from the date the negligence occurred. However, if the damage was not immediately apparent, you will have three years from the date you became aware of the negligence. There are exceptions, so it’s important to seek legal advice as soon as possible.

Can I claim for emotional distress in a professional negligence claim?

Claims primarily focus on financial loss. However, in some cases, particularly involving medical professionals, you may be able to claim emotional distress or physical suffering caused by the negligence.

How long does a professional negligence claim take?

The duration of a claim can vary widely depending on its complexity, the willingness of the parties to negotiate, and the court’s schedule. Some claims can be resolved in a few months, while others may take longer.

Do I need a solicitor to make a professional negligence claim?

While it’s possible to make a claim on your own, professional negligence law is complex. A solicitor can provide valuable advice, navigate the legal system on your behalf, and significantly increase your chances of success.