Posted on 30.10.15 by Danielle Clements
All professionals are bound to demonstrate reasonable skill and a duty of care in their specialist field. Professional negligence occurs when a qualified, professional individual does not perform their responsibilities adequately or fails to perform their duties to the expected standard.
If you have been on the receiving end of improper conduct and have lost out financially, it may be possible to make a claim for professional negligence. Disputes can rise in a variety of different situations when dealing with all manner of sectors. Theoretically, it may be possible to bring a claim against any sort of professional including: accountants, financial advisors, tax consultants, architects and engineers amongst others.
How do I know if I have a claim?
This is ultimately a decision a solicitor will make. However, for a professional negligence claim to be successful you must be able to demonstrate that you were owed a duty of care by the said professional, which was breached, causing a loss to you. A good benchmark to go by in these claims is whether the professional in question has been negligent where another reasonable professional in their positon would not be.
Just making a mistake does not necessarily constitute negligence – it needs to be proved that the professional fell below the adequate standards you would expect of a competent professional. If it is clear that there has been a breach in their care of duty, it is then necessary to demonstrate that you suffered a direct financial loss as a result of their negligent actions.
Certain time limits apply when bringing a claim against a professional. For this reason it is vital to contact a solicitor as soon as you can to set the wheels in motion. Our solicitors will be able to inform you specifically in regards to these time limits.
It is not always necessary that your claim goes to court. A strict procedure and protocol is followed whereby the parties have the opportunity to settle. If no settlement can be reached then court proceedings would need to be issued.
Contact the Professional Negligence team at Gorvins
If you feel like you have been on the wrong end of professional negligence then give our team a call. Our solicitors are experienced, highly personable and specialists in their field. They will be able to give you their honest assessment of your claim and how best to resolve it. Fill in our online contact form or phone us now on 0343 507 5151.