Professional Negligence

Professional negligence occurs when a professional fails to provide their services with the required level of care, skill, and expertise, resulting in harm or financial loss to their client. It differs from ordinary negligence, which refers to a failure to exercise reasonable care in general situations. In professional negligence cases, the standard of care is typically determined by comparing the professional's actions to those of a reasonably competent professional in the same field.

When taking action against someone for professional negligence, there are several key issues to consider:

• Establishing duty of care: You must demonstrate that the professional owed you a duty of care, meaning they had a legal obligation to exercise reasonable care and skill in providing their services to you.

• Breach of duty: You will need to show that the professional breached their duty of care by failing to meet the required standard, typically judged against what a reasonably competent professional in the same field would have done in similar circumstances.

• Causation: You must establish a direct link between the professional's breach of duty and the harm or loss you suffered. This involves proving that the loss would not have occurred if the professional had acted competently.

• Damages: To successfully claim for professional negligence, you need to quantify the financial loss or harm you suffered as a result of the professional's negligence. It is essential to provide evidence supporting the extent of your losses.

Legal proceedings can be expensive, and pursuing a professional negligence claim may require significant financial resources. It is important to consider the potential costs of litigation, including legal fees and expert witness fees, and weigh them against the potential recovery.

The statute of limitations for professional negligence claims varies depending on the jurisdiction. Generally, there is a specific time limit within which you must initiate legal action, often starting from the date the negligent act occurred or when you became aware of the negligence. Failing to bring a claim within the specified timeframe may result in your claim being time-barred. We’d strongly recommend you speak to us as soon as possible, to help determine the specific statute of limitations applicable to your case. You can call us on 01752 827014 or email us at cdr@nash.co.uk

Yes, many professional negligence claims can be settled out of court through alternative dispute resolution (ADR) methods, such as mediation or arbitration. We have experience of this and would certainly recommend this course of action if at all possible. ADR can often provide a more efficient, cost-effective, and confidential means of resolving disputes compared to litigation. However, if an amicable resolution cannot be reached through ADR, pursuing legal action in court may be necessary.

In a professional negligence claim, you may be entitled to recover compensatory damages, which are designed to put you in the position you would have been in had the professional acted competently. This can include direct financial losses, such as lost profits or additional expenses incurred due to the negligence, as well as consequential losses that flow from the professional's negligent actions. In some cases, non-economic damages for emotional distress or loss of reputation may also be recoverable, depending on the jurisdiction and circumstances of the case.