What is Professional Negligence?
A duty of care exists between a professional and their client. One of the factors which a court takes into account when determining whether the defendant owes a plaintiff a duty of care is the identification of harm or damage suffered as a result of the defendant’s act or omission. If you have received negligent service and have suffered financially from a professional you may be entitled to compensation.
We have listed examples cases where professionals were found to be liable for breaching their duty of care.
- Legal practitioners,
- Tradesmen of all kinds, builders, architects, surveyors etc,
- Government organisations, including schools, police officers, military personnel etc,
- Stockbrokers, finance brokers, accountants, real estate agents; and
- Anybody else who should know that their negligent behaviour will affect you.
Matters our lawyers can assist you with include:
- Claiming against solicitors who incorrectly advise their client about the effect of legislation or a failure to sue within limitation period; failure to go through a contract of sale and explain relevant points to a client and to see that it was adequate to protect the client’s interest; failure to comply strictly with the obvious requirements of an option agreement when retained to do so, and failure to advise a client about legal consequences of the client not taking a lease of premises which were sold by the lessor in which the client occupied the shop.
- Claiming against an accountant who has direct knowledge of the financial affairs of a company, because he or she is the accountant, as well as the financial controller, they may be liable for advice by him or her to a third party to invest in that company if it becomes insolvent and goes into liquidation.
- Claiming against an architect, builder or surveyor who may be liable to subsequent purchasers of a house which has been negligently constructed.
- Claiming against a building inspector who failed to inform home-buyers about major structural defects.
- Claiming against a construction company that damaged a house adjacent to their construction works.
Do you believe that you have been a victim of professional negligence?
Contact us for an obligation free advice. What must be proven is that your service professional has acted below their expected duty of care outlined by the law and their industry standards. If we take on your case, we will act on a NO WIN NO FEE basis.
Limitation of Actions
Claims for damages for professional negligence need to be commenced within 6 years from the date the cause of action arises. If they are not, a defendant will plead the defence that the claim is statute barred. Claims involving doctors and health professionals may have a limitation period of three years only.
As such, you should not delay considering your rights.
Who pays the compensation?'
Professionals or businesses who provide advice or provide professional services pay premiums to insurers which protects them from professional indemnity claims as a result of their negligence. Professional Indemnity insurance can cover the professional at fault for damages or compensation which you are entitled at the end of your claim.
Professional Negligence FAQs
A professional negligence claim is made against a professional who has failed to perform their responsibilities to the required standards or have breached their duty of care. The negligent conduct of the professional may have resulted in financial loss, physical or psychological damages or injury to their client or customer.
You may need to make a professional negligence claim if you have received:
- Misleading professional advice that has resulted in an outcome that has been detrimental to you and could have been avoided if the correct advice were given
- Negligent treatment from a medical professional
- Accounting errors
- Incorrect property evaluations
- Poor financial or investment advice
- Incorrect or negligent legal advice
If you believe you have a claim against a professional, speak with one of our lawyers who will be able to get you advice about your case.
The amount of compensation you receive for a professional negligence claim will depend on your individual case, the severity of injury or loss of finances. To get an understanding of how much compensation you may be entitled to following a professional negligence claim contact one of our lawyers today.
As with other personal injury compensation claims, strict time limits apply. Professional negligence is a complex area of law and it is best to seek legal advice as soon as you are aware of the negligent actions of the professional. Generally, for most professional negligence cases claims for damages need to be commenced within 6 years from the time of the negligent action. If a personal injury has occurred as a result of the professional negligence, you have 3 years from the negligent actions to make a claim.
If you have received poor service due to incompetence, unprofessional behaviour or a one-off mistake you may be entitled to compensation. To claim compensation, you must be able to prove:
- That the professional’s service fell short of their required standard of care and skill expected for their profession
- That you suffered loss or injury and that this was directly linked to the poor service that was provided to you
If you think you have grounds for professional negligence compensation, contact our lawyers today for advice.
For an obligation free discussion to determine whether you have a professional negligence claim, please contact Sinnamon Lawyers for a free assessment to discuss your claim.
There are strict limitation periods that apply to these claims, so for further information, please complete the online enquiry or give us an obligation free call.