Dispute Resolution > Professional Negligence
ADVISING YOU ON YOUR RIGHTS
If you have put your trust in a professional and they have let you down, it can cause great upset. This can cause additional suffering and financial hardship to you and your family. We can help you to find out where you stand and advise you on what legal action you can take.
DO YOU NEED ADVICE?
Professional negligence covers the situation in which the defendant has created a duty of care. They have then breached that duty through acts or omissions that a reasonably competent practitioner would have avoided. These acts or omissions would have caused the other party financial losses.
In our busy, complex lives we increasingly rely upon professionals for their knowledge and advice. The scope of work which falls under professional bodies is ever expanding, as is the type of transactions that they undertake.
We can help claimants get justice from professionals operating in many different sectors of business such as:
- Solicitors & Barristers
- Financial Advisors
- Insurance Brokers
- Estate Agents
We have a specialist Dispute Resolution team who are fully adept at dealing with professional negligence matters. This includes fraud claims on behalf of our lender clients.
A professional may be required to complete various duties for you as the client. In some cases, these tasks may be clearly set out. For example, where there is a written retainer or an agreement between the professional and the client. However, in other matters it may not be so obvious.
It is not necessarily negligent for a professional to give you advice which later turns out to be wrong. To prove Professional Negligence, you must demonstrate that the professional fell below the standards of a reasonably competent professional. This is with reference to the usual standards set out for that profession.
A successful claimant must also demonstrate that they suffered loss as a result of the negligence. The correct measure of a claimant’s loss is tied into a variety of issues. The basic principle is to determine the position of the claimant had the professional acted correctly.
We are committed to achieving the maximum amount of compensation at the earliest possible stage. We try to utilise ADR (if it is in the best interests of your matter) to try and minimise your own costs of going through the courts and keeping costs to a minimum.
WE ARE COMMITTED TO ENSURING YOU RECEIVE THE HIGHEST STANDARD OF SERVICE
For a Professional Negligence claim to have a good chance of success, it must be issued within certain time limits. The time limit period in most professional negligence cases is six years from the date of the negligence.
Potential claimants should always act as swiftly as possible. They should seek legal advice to establish the limitation period which will apply to their claim.
If the claim is issued after a long time, the accused professional will often have a stronger defence. It could be argued that the claimant is "out of time". This can then have a negative effect on the claim result.
For more information on professional negligence, please get in touch by clicking on the contact us box below.
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