Professional Negligence – What it is and How it Affects You Jan 4th
When paying for a service, whether it is a construction job, professional advice, bookkeeping or anything similar, you provide payment in the form of money in exchange for a service that is completed to a professional standard. We expect good service for every product we pay for, or at the very least reasonable service. So what happens when we don’t receive the service we pay for, in fact very much the opposite? In these cases such incidents are referred to as ‘professional negligence’.
What Constitutes Professional Negligence?
Whether requesting the assistance of an experienced solicitor, getting advice from a tax consultant or accountant, or paying for a service from a sole trader such as an engineer or architect, they have a duty of care to provide a certain level of service that you have paid for. If they fail to meet a standard set by the local governing body that has significantly affected you in a negative way, you may be able to make a claim for professional negligence.
Like with any service you are paying for, people have come to expect a certain standard of service, and of course when that standard is not met, you are faced with very unhappy clients. In some extreme cases, where these standards are not met there may be disastrous consequences for the client – for example a mistake made by an accountant, or a bad engineering job conducted by an engineer – their claim has been made with the intention of receiving compensation, either in payment to make up for losses suffered, or as payment to fix any issues raised.
Where can Disputes Arise From?
Claims are not limited to one professional area and as such disputes can arise from a wide manner of different industries. Some examples of professional negligence claims can be found from disputes with; Engineers, Architects, Solicitors, Surveyors, Financial Advisers, Tax Consultants, and Insurance Brokers to name a few.
Making a Claim
The professional negligence website states “For a professional negligence claim to be successful, you will need to establish the existence of a duty of care on the part of the professional, and that this duty has been breached.”
To make a claim initially you need to follow certain procedures or you run the risk of your claim being ignored and you may have to pay a penalty fine. These procedures are set out in the protocols within the Civil Procedure Rules (CPR) 1998 and involve you corresponding directly with the individual in question, either by yourself or via a professional negligence solicitor, where you will set out the legal and factual basis of your claim.
This should include a chronological summary of the incident, the allegations made against the professional and confirmation of whether an expert has been appointed. This document is known as the Letter of Claim. The defendant must then acknowledge receipt of the letter within 21 days of receiving it and then they have three months subsequently to investigate the matter. If a reasonable conclusion cannot be reached, you may escalate your case to the claims court.
Be aware that making a claim can be a lengthy and stressful process, as well as there being a possibility that your claim will be dismissed but don’t let this dissuade you! If you have been negatively affected by the choices made by a supposed ‘professional’ in their field, the worst thing you can do is ignore it because that is not making a solution to the problem. If you don’t want to make a claim, make a complaint to their area manager or see if you can resolve the situation outside of the claims court. There are other options available, it can just take time finding the right one for you.
Article provided by George Ide, a professional lawyer firm specialising in personal injury claims – based in Chichester and London since 1966.
Jan 4th
When paying for a service, whether it is a construction job, professional advice, bookkeeping or anything similar, you provide payment in the form of money in exchange for a service that is completed to a professional standard. We expect good service for every product we pay for, or at the very least reasonable service. So what happens when we don’t receive the service we pay for, in fact very much the opposite? In these cases such incidents are referred to as ‘professional negligence’.
What Constitutes Professional Negligence?
Whether requesting the assistance of an experienced solicitor, getting advice from a tax consultant or accountant, or paying for a service from a sole trader such as an engineer or architect, they have a duty of care to provide a certain level of service that you have paid for. If they fail to meet a standard set by the local governing body that has significantly affected you in a negative way, you may be able to make a claim for professional negligence.
Like with any service you are paying for, people have come to expect a certain standard of service, and of course when that standard is not met, you are faced with very unhappy clients. In some extreme cases, where these standards are not met there may be disastrous consequences for the client – for example a mistake made by an accountant, or a bad engineering job conducted by an engineer – their claim has been made with the intention of receiving compensation, either in payment to make up for losses suffered, or as payment to fix any issues raised.
Where can Disputes Arise From?
Claims are not limited to one professional area and as such disputes can arise from a wide manner of different industries. Some examples of professional negligence claims can be found from disputes with; Engineers, Architects, Solicitors, Surveyors, Financial Advisers, Tax Consultants, and Insurance Brokers to name a few.
Making a Claim
The professional negligence website states “For a professional negligence claim to be successful, you will need to establish the existence of a duty of care on the part of the professional, and that this duty has been breached.”
To make a claim initially you need to follow certain procedures or you run the risk of your claim being ignored and you may have to pay a penalty fine. These procedures are set out in the protocols within the Civil Procedure Rules (CPR) 1998 and involve you corresponding directly with the individual in question, either by yourself or via a professional negligence solicitor, where you will set out the legal and factual basis of your claim.
This should include a chronological summary of the incident, the allegations made against the professional and confirmation of whether an expert has been appointed. This document is known as the Letter of Claim. The defendant must then acknowledge receipt of the letter within 21 days of receiving it and then they have three months subsequently to investigate the matter. If a reasonable conclusion cannot be reached, you may escalate your case to the claims court.
Be aware that making a claim can be a lengthy and stressful process, as well as there being a possibility that your claim will be dismissed but don’t let this dissuade you! If you have been negatively affected by the choices made by a supposed ‘professional’ in their field, the worst thing you can do is ignore it because that is not making a solution to the problem. If you don’t want to make a claim, make a complaint to their area manager or see if you can resolve the situation outside of the claims court. There are other options available, it can just take time finding the right one for you.
Article provided by George Ide, a professional lawyer firm specialising in personal injury claims – based in Chichester and London since 1966.
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