If your business has been negatively impacted by a mistake that wasn’t your fault, you may be entitled to make a professional negligence claim. However, the process can be quite complex, not to mention daunting.
The good news is that most claims don’t make it to court. Most professionals prefer to settle outside of court if they can. However, it’s worth being aware of the entire process in case it does.
Below, we’ll look at what a professional negligence claim is and how the process works. You’ll also discover how long the claims process typically takes in these cases.
Be sure to check with your solicitor what the time limitations are for your type of case in your particular country, as they may vary” says John McCarthy, a negligence solicitor at McCarthy in Ireland.
What is a professional negligence claim?
Professionals are legally required to provide a certain level of care to clients. If standards aren’t followed, the client may have the right to file a professional negligence claim. Just a couple of the reasons a professional negligence claim could be made include:
- The professional provided incorrect advice
- You have suffered a loss due to work or advice provided
Claims can be filed against a number of different professionals including financial advisors, solicitors, accountants and engineers.
How does the process work?
If you believe you do have a professional negligence case, there is a strict process you’ll need to follow. This process may differ depending upon the type of professional who let you down.
For example, if an engineer, architect or quantity surveyor let you down, you’d need to go through the Construction and Engineering Disputes protocol. Or, if you were let down by a medical professional, you’d need to follow the Resolution of Clinical Disputes. For most professional negligence claims however, the following protocol applies:
Consult with a solicitor – The first step is to consult with a solicitor. Professional negligence claims can be complex, so an experienced solicitor is a must. You have six years from the time of the incident to make a claim.
Investigation – If the solicitor feels you have a case after your initial consultation, they will begin the investigation process. This includes gathering evidence to support the claim.
Negotiations – This step sees whether the case could be settled out of court. Both sides will negotiate a fair level of compensation to resolve the matter. If negotiations fail, the next step is to file court proceedings.
Court assessments – Most professional negligence claims don’t end up in court. However, if they do you will receive a court date and the case will be settled there.
Compensation – If you win the case, you will be awarded compensation.
It is worth noting that the entire claims process from investigation through to court proceedings, can take up to 12 months. However, most will be settled prior to this.
It is worth doing your research before filing a claim. The type of negligence that occurred will affect how the case is handled. For example, if a solicitor let you down, the process will be slightly different to if you suffered a personal injury due to medical negligence.
Making a professional negligence claim may be daunting. However, most cases don’t reach the court stage. You could also benefit from a no win no fee claim, which means if you don’t win the case you won’t need to pay any legal fees. If you feel you’ve been a victim of professional negligence, contact a trained solicitor today.
