Welcome to our page on professional negligence claims. Below, we’ll look at the circumstances in which you could claim, provided someone failed to provide you with the correct service, causing you to suffer a loss.
On this page, we look at how professionals who provide a service could be considered negligent and the circumstances in which this could entitle you to claim.
Professional negligence occurs when the negligence of a professional adviser causes you to lose out financially. Negligence is where someone has a duty of care towards you, but they breach this duty which causes you harm or loss.
What Is A Professional Negligence Claim?
There isn’t a standard definition of what is considered a professional. Generally, it’s considered someone who has a specific skill. This then carries with it the duty to practice this skill in an appropriate manner.
One kind of professional who could be negligent towards you is a solicitor. For instance, they may fail to start your claim in time, meaning that you are outside of the limitation period and no longer able to pursue a claim. Other professionals who could be negligent include stockbrokers, accountants and architects.
Contracts are central to professional negligence claims. They can be either written or verbal. Furthermore, a contract can be described as ‘strict’ or ‘implied’. This is the distinction between what you actually agreed to in writing and what the law assumes a professional will do.
There is a usual limitation time period of 6 years to start professional negligence claims. However, some exceptions can apply. Get in touch with one of our advisors today to find out more.
How To Prove Professional Negligence Claims
In some cases, you might have a contract that includes a clause which attempts to absolve the professional of liability in the event that something goes wrong. However, the Unfair Contract Terms Act 1977 prohibits the use of a clause that excludes liability for breaching the contract or allows a contractual performance that differs substantially from what’s expected.
Proving professional negligence can be complex. There are issues to consider such as:
- Causation – You need to be able to show that the professional in question acted in a way that directly contributed to the loss you experienced. This can be done by using the “but for” test- “but for the actions of the professional, would the loss have occurred?”. If the answer to this question is “no”, then you may be able to claim.
- Remoteness – You also need to demonstrate the extent of the loss for which the professional you’re claiming against could be held responsible.
To succeed with a professional negligence claim, you need to prove on the balance of probabilities that the defendant could or should have acted in a different way. Furthermore, you need to show that them doing so would have avoided or reduced the loss you experienced.
The courts assume that the professional involved would have performed their duty without negligence. Furthermore, on this balance of probabilities, the defendant should have acted a certain way. The task in a professional negligence claim is to prove that they did not.
No Win No Fee Agreements And Professional Negligence Claims
If you’re unsure about the professional negligence claims process and would like more information, our team can help. You could be offered representation on a No Win No Fee basis.
No Win No Fee agreements are a way for a lawyer to represent you in your case without requiring any retainer fees. Successful outcomes mean you only pay your lawyers a small percentage of your compensation at the end of your case. If the case fails, there is nothing to pay them at all.
If you need help with professional negligence claims, a No Win No Fee lawyer could help. Their expertise can enable you to understand the process of claiming in a much clearer way. You can start straight away without the need for upfront payments. With their help, your final compensation claim amount if you win could be much higher and properly reflect the loss you have suffered.
How Can Bonus Lawyers Help Me?
Bonus Lawyers can offer a clear and accessible path forward for you in the professional negligence claims process. When you contact our advisors, they can quickly assess your eligibility and help you construct an effective professional negligence claim. With several years of experience dealing with breach of contract problems, medical negligence and failure of duty of care issues, Bonus Lawyers could be the right choice for you.
Call our team today to get your claim started. Or you can email and write to us. We also offer a ‘live support’ chat portal that can provide instant, on-the-spot advice about professional negligence claims.
If you’d like to learn more about making a claim, we have some other guides you may find useful: