FAQs: Professional Negligence Claims

It can be incredibly stressful if you receive poor advice from a professional you have hired. If you are lucky, the consequences may be minor, but other times there could be serious financial or personal losses. Matthew Cotton explains the basics of professional negligence claims, and when to seek legal support.

1. What is professional negligence?

When a professional fails to perform their duties or obligations to the required standard, or breaches a duty of care.

2. What are the elements of a negligence claim?

To prove a negligence claim, you must show that:

• The defendant owed you a duty of care.
• The defendant breached that duty of care.
• The defendant’s breach of duty caused you financial loss or damage, or physical injury.
• You suffered loss or damage or injury as a result of the breach of duty of care.

3. What is the duty of care?

Duty of care is a legal obligation which can arise from a variety of relationships. It could involve the relationship between a professional (such as a solicitor, doctor, or accountant) and their client.

4. How can I prove that the other person breached their duty of care?

You can prove that the other person breached their duty of care by showing that the advice/service provided to you would not have been provided by any responsible body of professionals in that given industry.

5. What are the damages that I can recover in a professional negligence claim?

In a professional negligence claim, you can recover damages for loss and damage and injury caused by the breach of duty.

6. How long do I have to bring a negligence claim?

Usually, a professional negligence claim must be issued at Court within six years of the negligent act. However, if you discover the breach of duty after the six year period, you may be able to bring the claim within a further three years from when you became aware of the negligence. The longstop date after which no claim can be brought for professional negligence is 15 years from the date of the negligent act.

7. Should I hire a lawyer to help me with my negligence claim?

If you have been injured or suffered loss or damage due to someone else’s negligence, you should consider instructing a legal representative to help you. Your lawyer will be best placed to help you investigate, and consider the merits and risk of your claim. They will also be able to advise on what evidence will be required to prove your case. They will be able to help you bring a claim at Court if litigation is required; and they will help to negotiate and settle your claim.

Talk to us

If you need any advice on a professional negligence claim, then do not hesitate to get in touch with our expert dispute resolution team.