Professional negligence is defined as the breach of duty of care between a professional and their client. Duty of care is a common law arrangement whereby the client is expected to receive a certain level of professionalism and standards held by those in that profession.
Do I have a case of professional negligence?
Clients often wonder whether or not they have a claim under professional negligence, however, if you have experienced a poor level of service and suffered a financial loss because of this, you may have a case.
Professions that most commonly face professional negligence claims include:
- Solicitors
- Barristers
- Accountants
- Surveyors
- Engineers
- Architects
- Financial advisors
This is not an exhaustive list, and JMR Solicitors can advise you is your case is worth pursuing. These types of claims often arise when a professional has given incorrect or incomplete advice or missed key deadlines.
Once a claim has begun, it is often the case that professionals will become defensive when their competence has been questioned. It is therefore vital that you have expert legal advice from the outset to assist you in handling these matters properly.
In order for the claim to be successful, it will need to be demonstrated that the client was owed a duty of care, that the professional breached that duty of care and that the breach directly caused financial losses.
A professional negligence claim should normally be made within six years from when the breach of duty of care or actionable damage occurred.
What Constitutes a Breach of Duty of Care by a Professional?
A breach of duty of care by a professional occurs when they fail to meet the expected standard of care and skill required in their profession. This could include providing incorrect advice, making errors in documentation, failing to meet deadlines, or neglecting to disclose relevant information to the client. Understanding what constitutes a breach of duty is essential in determining whether you have grounds for a professional negligence claim.
What Types of Financial Losses Can Result from Professional Negligence?
Financial losses resulting from professional negligence can vary depending on the nature of the professional’s error and the client’s circumstances. Common examples of financial losses include lost profits, additional expenses incurred to rectify errors, damages awarded in legal proceedings, and the loss of investment or business opportunities. It’s essential to assess the full extent of your financial losses when pursuing a professional negligence claim.
What Evidence Do I Need to Support a Professional Negligence Claim?
To support a professional negligence claim, you will need to gather evidence demonstrating the professional’s breach of duty of care and the resulting financial losses. This may include correspondence, contracts, reports, invoices, and expert opinions from other professionals in the same field. Thorough documentation and evidence collection are crucial in building a strong case for professional negligence.
Can I Still Pursue a Professional Negligence Claim if I Signed a Disclaimer or Waiver?
While disclaimers and waivers may be used by professionals to limit their liability, they are not always enforceable, particularly if they are found to be unreasonable or unfair. The validity of a disclaimer or waiver in a professional negligence claim will depend on various factors, including the specific circumstances of the case, the nature of the professional’s obligations, and applicable laws and regulations.
What Remedies Are Available in Professional Negligence Claims?
If successful in a professional negligence claim, clients may be entitled to various remedies to compensate for their losses. These can include financial compensation for direct losses suffered, reimbursement of legal costs incurred in pursuing the claim, and, in some cases, damages for emotional distress or reputational harm. The appropriate remedy will depend on the specific circumstances of the case and the extent of the client’s losses.
Can I Bring a Professional Negligence Claim Against a Former Professional Advisor?
Yes, you can bring a professional negligence claim against a former professional advisor if you believe they breached their duty of care while providing services to you. The fact that the professional is no longer working for you does not preclude you from seeking compensation for any losses you have suffered because of their negligence. It’s important to act promptly and seek legal advice to assess the viability of your claim and initiate proceedings within the relevant time limits.