For professionals operating across all sectors, there is always a risk that you will be at the receiving end of an accusation of professional negligence. In all cases, such accusations should be treated as a very serious matter.
No matter what profession you work in, you are considered to have a duty of care, which is an obligation to provide a quality of service which would be expected from a professional in your industry. If something does go wrong and your client or customer incurs losses, they will invariably seek to put things right financially.
If you have had a claim of professional negligence made against you, Jarmans Solicitors strongly recommend that you immediately obtain professional legal advice. Speaking to a solicitor provides you with the opportunity to consider your claim neutrally. Sometimes errors and accidents do happen and accepting that something may have gone wrong at an early stage could save you significant costs in the future.
A Pre-Action Protocol for Professional Negligence is a process which enables both parties to engage in detailed correspondence about the claim with the end goal of avoiding litigation. The complainant should initially notify you of their claim and then send detailed documentation which supports it.
Upon receipt of the claim, you have 21 days to acknowledge it and 3 months from your acknowledgement to respond in substantive detail.
If you are concerned that a client or customer has accused you of professional negligence, please contact our expert litigation department to discuss how to respond and avoid costly court fees.
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