How to Start a Professional Negligence Claim
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Professional negligence arises when a professional does not meet the duties or responsibilities for which their clients engaged them. Grasping the essential components of professional negligence, such as reasonable care, breach, causation, and damages, is vital for both professionals and clients to manage potential conflicts and safeguard their interests. This post will explore all aspects of professional negligence and provide some advice on how to prevent claims from occurring.
Contents
Bad Advice Received
Occasionally, we turn to experts for guidance and services. If these services are performed negligently, leading to harm or losses, you might be eligible for compensation. To successfully file a claim, you need to demonstrate three crucial aspects:
- Negligence: The service or advice provided was substandard, falling below what is considered acceptable in that specific trade, industry, or profession.
- Causation: The negligent advice or action directly caused your harm, including financial loss, injury, or other types of suffering. It is essential to prove that the negligence directly led to your harm, which would not have occurred otherwise.
- Valuation: You must establish the value of the harm or losses you experienced, also known as “quantum.”
Additionally, you may claim compensation if the professional breached their contract or agreement with you by failing to deliver the agreed-upon service. Even if the specific wrongdoing isn’t outlined in the contract (often referred to as “terms of business”), the law usually interprets the contract as covering such issues, recognizing it as a “breach of an implied term.” This contractual point is often addressed alongside a professional negligence claim.
Claim Notification
If they instruct the firm to assist in raising a professional negligence claim for a mesothelioma lawsuit, the service begins with a meeting to gather all necessary information to substantiate the claim. The firm will collaborate with them to reconstruct the events and pinpoint what went wrong. Any letters, emails, reports, or related paperwork they possess will be beneficial, especially for verifying dates.
Generally, the most effective approach is to engage in open dialogue with the opponent’s representatives to explore the possibility of negotiating an ‘out of court’ claim settlement. This process typically begins with a claim notification letter that includes:
- Details of the claimant and any other potential claimants or opponents.
- A summary of what is alleged to have been done wrong by the opponent.
- The amount of losses and expenses incurred due to negligence.
- A request for the opponent to inform their professional indemnity insurers.
- A request for copies of all records or files about the service provided.
If the opponent refuses to release the records, the firm may consider a court application for ‘pre-action disclosure’. Upon receipt, a review of the opponent’s documents may reveal discrepancies in dates and accounts of events.
Evidence
The subsequent step typically involves appointing an independent expert. In most situations, this expert will be a respected professional within the same industry, trade, or profession as the other party. Guidance can be provided on this matter.
The expert will review all evidence and paperwork, including the other party’s documents. In cases of physical damage, the expert might also need to inspect. Although the claimant selects and pays for the expert, the expert is legally obligated to provide impartial and independent advice.
After the expert submits their report, the claimant and the expert will review options. Even if the expert suggests that the chances of winning in court are relatively low, it might still be feasible to negotiate an agreement with the other party.
Endnote
While it can be frustrating and time-consuming to file a professional negligence claim, it is important to take action if you have suffered harm or losses due to negligent advice or services provided by a professional. Gather all necessary evidence, engage in open dialogue with the other party’s representatives, and seek expert advice before proceeding with legal action.
