a brief guide to professional negligence claims

A brief guide to professional negligence claims

Have you been the victim of professional negligence?
Professional negligence generally involves coming to harm because someone has failed in their duty of care to you and caused you financial loss. There are many ways you can become a victim of professional negligence. If work undertaken for you fell below what should be expected of a competent professional and you suffered a loss as a result of this, there is a strong chance you will be able to make a claim.
You will normally have six years from the date the negligent act occurred, or six years since the breach of contract. These dates are often the same. In some cases, you may have longer, for instance if you didn’t find out about the negligence until after the deadline. However, it is usually advisable to make the claim within the six-year period if possible.
Pre-Action Protocol
Most professionals have professional indemnity insurance, which will cover the compensation that you get. This may not always be the case. If the negligent person was an investment broker for instance, the advice they gave you may depend whether you can make a claim. There is a special procedure for taking action, and the steps you need to take are outlined in the Pre-Action Protocol for Professional Negligence. In most cases, you should consult a legal professional before you proceed with a claim to ensure you are following the Protocol.
You will first need to send out a Protocol compliant letter of claim. An independent expert may need to be appointed to decide whether the service or advice you received was negligent in nature. You may not need to go court if you need to make a claim. Most claims are settled before court action is required, though you will need the help of a solicitor. There is a good chance you will receive payment thanks to the way most professionals have professional indemnity insurance. The cost of making a claim will normally be determined by how long it takes to finalise the claim. Costs are likely to be much lower if you can settle the case at the mediation stage. There’s a good chance the professional will pay most of your costs if they agree to provide you with damages to settle the claim.
Getting the right legal support
If you are not in a financial position to pay legal costs upfront to launch a claim, you may be able to get help in the form of a no-win, no-fee agreement. It’s advisable to take action at the earliest opportunity if you think a professional has made a mistake which has drained your finances. Getting the right legal support and advice as soon as you can will heighten the chances of your claim being successful.
At HS Lawyers, we have many years of experience when it comes to dealing with professional negligence claims and always do everything in our power to deliver the outcome our clients are looking for when we think they have a case and they decide to proceed. You may have matter against professionals like solicitors, barristers, accountants, surveyors or financial advisors. If you are looking for experienced professional negligence solicitors in Wolverhampton, west Bromwich or peterborough. You can contact our local offices and arrange an appointment to discus your matter with us. We have significant experience in dealing with professional negligence claim and have experienced professional negligence solicitors whom you can discuss your matter with confidence. If you want to enquire about a professional negligence matter contact us today on 0121 525 2555.