The advice of a professional negligence solicitor can be invaluable in the process of making professional negligence claims, especially if you are unsure about any aspect of your claim.
The validity of professional negligence claims is the first, and perhaps the most important, step. This is because, in order for a claim to be valid and move the process forward, you must be able to demonstrate a loss as a result of the professional’s advice. Though the advice may have been bad, caused considerable distress or inconvenience, if there was no loss then you have no claim.
Three elements must be provable in order to make your claim valid: that the professional had a duty of care towards you, that they breached this care and that in doing so you suffered a loss.
An important thing to remember when making any professional negligence claims or solicitor negligence claims is the fact that you must do so within a reasonable timeframe. Otherwise, the professional in question may have a strong case that the claim has been made out of time. This is typically six years from the date of negligence.
In cases where negligence is only revealed at a later date, then you have three years to make a claim. This timeframe is from the date that the knowledge of negligence was discovered.
Prior to making professional negligence claims, you must follow the Professional Negligence Pre-Action Protocol. In this, it is encouraged that there is an early exchange of information between the claimant and the professional. This is to encourage a settlement of your dispute outside of a court of law – court proceedings should be a last resort, due to failing to meet a satisfactory agreement.
There are several steps involved in order for the Protocol to be valid:
If the Professional Negligence Pre-Action Protocol does not result in a satisfactory resolution, then the case will be escalated to a court setting. This follows a claim of no liability from the defendant and no offering of settlement as a result of the professional negligence claim.
The court has the power to put a case on hold if they feel that Pre-Action Protocol was not followed appropriately, so it is important to ensure it is followed diligently in all professional negligence claims. Once this has been established then the court will make a decision, either to award you a fair settlement for your claim or dismiss the claim altogether.
If you are considering pursuing a case of professional negligence, then our expert dispute resolution solicitors in Manchester can offer you the expert advice that you need to pursue your claim. Simply call our expert team on 0342 507 5151 or e-mail firstname.lastname@example.org or fill out our contact form, for a confidential discussion regarding your situation at a time that suits you.
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