Increasingly we find ourselves seeking advice and services from professionals. When a professional fails to perform to the standards required, this can cause a client damage or losses. At this point, a client can make a claim for professional negligence.
Professional negligence covers cases where a defendant has either represented themselves as having skills and abilities that they don’t actually hold or where they have failed in their duty of care to a client. In law a professional is defined as someone who is considered to have expertise and skills in a particular industry. The list is extensive and ranges from medical professionals, solicitors and accountants through to IT professionals and builders.
Jarmans Solicitors has a proven track record of working with clients to achieve the best outcome in their professional negligence claims. Our team of solicitors will advise you on the prospect of your claim, whether you are likely to receive your desired outcome, the potential financial cost of bringing court proceedings, and will help you apply a Pre-Action Protocol.
The Pre-Action Protocol was introduced in 2001 and should be initially used in all professional negligence cases. It’s designed to encourage all parties to use dispute resolution before bringing court proceedings. The Pre-Action Protocol also enables the sharing of information at an earlier stage, reducing potential costs for both parties.
If no settlement is reached during this stage proceedings then move to court.
In order to be successful in any claim you must be able to prove that you were owed a duty of care by a professional, that they did not deliver it, and that, in doing so, you have suffered a loss. Under the Limitations Act 1980, claimants have six years to make a claim, unless negligence has only become apparent at a later stage, in which case there is a limitation period of three years from the discovery of knowledge. There is a long stop date of fifteen years for any claims to be brought.
Jarmans always recommends that anyone considering making a professional negligence claim does so as soon as the negligence has become apparent.
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