Professional Negligence

Professional negligence occurs when a professional fails to perform their duties or responsibilities to the standard that is required. It could be that the professional provided inadequate advice, or it could be that the professional provided an unacceptable service which may have resulted in a financial loss on the part of the client. If you have lost money as a direct result of a professional’s advice or substandard services, they are liable for damages.

There are a multitude of sectors and industries where workers are classed as professionals. Financial advisers, contractors, accountants, professional trustees, architects, tax consultants and more.

First off, there are a few time limits for these types of cases – it’s often six years from the date of the negligence. However, this can be extended if the negligence has only become apparent more recently (for example, faulty construction or contracting work which only began to cause problems a few years after it was carried out). In that kind of case, the relevant limitation period is three years from the date that the claimant discovered the problem.

If you want to make a claim for professional negligence, contact a solicitor immediately and explain the situation to them. Each case is unique, so we can’t offer an umbrella answer to this question – we suggest that you contact a legal expert who will be able to better examine the nuances of your particular case.

Sometimes – yes. If the two parties cannot come to a settlement, court proceedings may be issued. It can take a long time for cases to come to court (often more than twelve months), so there is plenty of time for you to prepare. It’s worth noting that the vast majority of these professional negligence cases are settled before they ever get to court, but if the professional in question continues to dispute the claim, court is a possibility.

First off, you’ll need to establish that the professional’s duty of care has been breached. Unfortunately, this isn’t always enough – you’ll also need to prove that you have directly lost out financially as a result of these actions. Proving that the professional made an error is not enough to win a professional negligence case; you must also be able to show that your finances were negatively affected as a result of the negligence.