Who can you claim against?
Professional negligence claims can be made against anybody who is an expert in their field. For example, an accountant, an electrician or a surveyor.
How do you prove professional negligence claims?
To prove a professional negligence claim you need to show:
- That the professional owed you a moral or legal duty of care. For example, you entered into contract with them. The contract does not have to be in writing.
- The professional breached their duty of care by providing a substandard service or poor advice.
- You suffered loss or losses because the professional was negligent.
We recommend keeping all documentation to support your claim including contracts, emails, letters, receipts and photographs to show loss or damage. Dates of meetings and notes about what was discussed during those meetings can also strengthen your case.
What are examples of professional negligence claims?
Examples of professional negligence claims are:
- A surveyor fails to notice structural damage to a property, so you suffer financial loss or personal injury.
- An accountant gives you advice that means you lose money.
- A doctor prescribes the wrong medication which causes you to become ill. This could give rise to a medical negligence claim.
- An architect plans a building that does not comply with planning permission, so you must demolish the building.
Any of the above situations could result in a compensation claim.
Are professional negligence claims subject to time limits?
Professional negligence claims can usually only be made within six years (medical negligence claims are normally within three years), under the Limitation Act 1980. However, the date on which the time limit begins is not straightforward.
If you believe you have suffered as a result of professional negligence, please talk to our solicitors as soon as possible and we will advise you.
How Davisons professional negligence solicitors can help
If you have received professional advice that has resulted in some form of loss our professional negligence solicitors can help you to claim compensation. Together we can explore your options and agree the best course of action to settle your claim, which might be mediation, negotiation or litigation.
Whatever route you decide to take, our aim is to secure the best possible outcome for you as quickly as possible.
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