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What is Professional Negligence?

Professional negligence is when a professional owes you a duty of care, but this duty is breached, causing you to suffer financial loss.

Duty of care

When you pay for a professional service, the professional delivering that service owes you a duty of care.

A duty of care means that a professional must exercise reasonable skill and care when acting for a customer or client. This is a legal obligation that covers a vast range of professions, including solicitors, barristers, accountants, architects, engineers, surveyors, financial advisors and tax consultants.

If reasonable skill and care is not exercised, there will have been a breach of duty.

Breach of duty

A breach of duty is judged against what a reasonable body of professionals would consider acceptable.

For example, if a solicitor acts in such a way that a reasonable body of solicitors deem acceptable, there will not be a breach of duty. But if a solicitor acts in such a way that a reasonable body of solicitors deemed unacceptable, there will have been a breach of duty.

Causation

If this breach of duty causes you to suffer a loss, there will be a case of professional negligence. Ordinarily this loss will be financial. If you experience a loss because of professional negligence, you will be entitled to pursue a professional negligence claim.

Professional negligence claims

Therefore in order to make a professional negligence claim, you must be able to establish three things:

1. That a professional owed you a duty of care

2. That this duty of care was breached

3. That this breach of duty caused you to suffer a loss

If you suspect that you could be entitled to pursue a claim for professional negligence, you need to speak to a legal expert about your case.

A solicitor who specialises in professional negligence claims will be able to advise you upon your legal rights, suggesting whether or not you have the grounds for a claim.

Professional negligence compensation

If a lawyer advises that you are eligible to pursue a claim, you could be entitled to obtain compensation for the damages you have incurred. This will provide redress for the pain and inconvenience you have experienced, and will recover the financial loss you have sustained.

To find out more about pursuing a professional negligence claim against a solicitor, please get in touch with us today. There are time limits on professional negligence claims, so it is best not to delay.

Please call us on 0800 234 3300 (or from a mobile 01761 490883) or complete a free Online Enquiry.


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