Quick Guide: How To Make A Claim For Professional Negligence



A disruptive and stressful challenge for any business or individual is being caused by legal claims on the grounds of professional negligence. It is always a better ground if an individual gains a good understanding of the circumstances in which professional negligence applies, to ensure that any of the claims are valid. This article guides you and offers a succinct overview of the main and basic considerations and procedures involved with a professional negligence claim.

What is professional negligence?

Professional negligence is a situation which occurs whenever a person advertises a certain skill as their services, such as any profession including a doctor, accountant, builder, solicitor, teacher, and etc., but failed to uphold their expected duty of care towards the demand and need of their client or customer. This situation may result in the client into damages and losses which they can then look to address as part of a formal legal claim. The nature of the duty of care that the professional will owe to the claims or a client will depend on the industry and the agreed terms of a particular service. It is simple though to define the terms written in the contract or agreement between the professional and the client, there is no necessary need to write an agreement in place for a claim get made against the professional’s implied duties of service or malpractice. There are specific circumstances of a claim such as the professional’s duty of care, or the causation of the issue, or the damages involved that can often get complicated and might result in a large volume of case law records in relation to professional negligence. The claim of a claimant might get deemed invalid if the defendant has been negligent but did not cause in any particular way for the claimant to have any sort of damages or losses. It is important to be aware of the term in place for the claims, and act as immediate as you can to decide if you want to pursue legal action or not.


Who can an individual claim against?

From the term ‘professional’, it refers to any person that advertises themselves as having the expertise of a particular service. Although there is no real limit to the professions that an individual can claim against, most claims pertain to:

       Accountants
       Architects
       Builders
       IT professionals
       Medical professionals

How long does it take for a claim to have action?

The process of a claim for professional negligence can be time-consuming and even expensive. So before issuing court proceedings, it is best for a claimant to follow the professional negligence pre-action protocol. This provides the claimants a useful template to document important information in the initial stages of the prospective claim and designed to allow both parties involved to seek an effective resolution outside of the court. While in the event of court action, it may take longer than a year for a case to go to trial after the initial summons gets finished.

Court action for professional negligence is not as necessary as most claims can get settled outside the court. It is important to bear in mind the cost involved with pursuing a claim and whether it outweighs any potential compensation that a claimant stands to gain.


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