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Professional Negligence FAQs
1. What is Professional Negligence?
Professional negligence may be defined as the failure of a professional to take reasonable care when engaged by an individual, where this failure causes financial loss. Clients have a right to expect that a professional will operate in a reasonably competent manner. The standard for judging whether a professional’s behaviour is reasonable will be the standard of care one would expect from a competent practitioner in the same profession. Where a professional has departed from the reasonably acceptable standard, they are likely to have acted negligently.
2. What if I have received bad service?
Poor service does not always amount to negligence and you must suffer actual financial loss to make a compensation claim through the courts. If you have a solicitor who has contravened the rules of professional conduct that apply to solicitors, but has not been negligent, the appropriate redress is to pursue a complaint, rather than pursuing a compensation claim. Your first point of call should be to contact the law firm concerned and follow their complaints procedure. We can assess whether you have been the victim of poor service or professional negligence.
3. Have I got a claim?
It is not enough for you to have received poor service. Nor is it enough for you to have a grievance against the professional concerned which does not amount to negligence.
If your complaint relates to poor service you should approach the relevant professional, who is likely to have their own complaints procedures.
To pursue a professional negligence claim, in addition to demonstrating that the professional fell below the reasonable standard required of them this failure must have been the cause of a financial loss you many have sustained.
4. How much will it cost me to make a claim?
We offer a variety of funding arrangements to pursue your claim including no win, no fee. Please contact us for an initial assessment of your case.
5. Will I have to go to court?
In our experience most clients wish to resolve disputes as quickly as possible, on acceptable financial terms and without the need for protracted proceedings. We will consider all forms of alternative dispute resolution to bring your claim to a satisfactory conclusion but if these are not successful we have considerable trial experience to fight your case.
6. What are the time limits?
In most professional negligence claims you have six years to issue Court proceedings. The period generally starts to run from the date when the professional was negligent and the date you suffered loss. We would suggest that you contact us as soon as you think you have a potential claim so that we can advise you further.
7. What happens next?
If you would like more information or would like to see one of our Solicitors specialising in professional negligence matters, please contact us on 01782 262031 or complete our enquiry form on the right hand side.