Contents for Profesional Negligence
What is Professional Negligence?
Professional negligence is when a professional from a regulated industry, such as surveyors, financial advisors or auditors (among many others), fails to perform their services to the agreed required standard or fail to disclose all necessary information. This subsequently may lead to a financial or material loss. Essentially, if someone owes you a duty of care, yet has failed to deliver this, it is professionally negligent.
You should know…
An example of professional negligence could be:
You are a landlord, and you have just purchased a new property for future rental. However, shortly after completing this purchase, you discover that the property has a significant mold problem, that has penetrated the foundations of the building. This will cost you a great deal of money and time to fix. The surveyor was aware of this problem yet failed to alert you to it. This is an example of professional negligence.
Professional Negligence pre-action protocol
Professional negligence pre action protocol is essentially designed to let potential claimants of professional negligence settle their case without the need for court proceedings. The Professional Negligence Pre-Action Protocol came into action in 2001 and ensures that both parties have gathered sufficient evidence and have identified all issues in correspondence with one another. A lawyer will be able to assist you with gathering your evidence and preparing your claim.
Taking the issue to court should be a “step of last resort.” The steps of the pre action protocol are:
- A preliminary notice (alerting the defendant that claim is going to be made)
- The defendant should respond within 21 days acknowledging this claim.
- Letter of claim: A comprehensive letter with details of the claim, prepared by the claimant and/or lawyer.
- The defendant will then have 21 days to respond in acknowledgement.
- The defendant will then respond with a letter agreeing with the allegations and may offer a letter of settlement. However, if the defendant disagrees with the allegations or if there are grounds for further investigations, the claimant may then take their claim to court.
Types of Professional negligence
The last thing you want or expect when spending money hiring a professional is for them to be negligent. However, unfortunately, some professionals do make mistakes, give poor advice and miss vital deadlines.
Common examples of professional negligence include:
1. An individual has been given incorrect legal advice.
2. A solicitor misses a crucial deadline for your case
3. A surveyor which fails to see a defect when undertaking a pre-purchase survey.
4. A professional gives advice on matters that are beyond their expertise.
5. Your estate or trust has been wrongly managed.
If you have received poor advice or experienced problems as a result of a professional’s lack of care and attention then you may have a professional negligence claim.
Key Benefits of Using a lawyer for your professional negligence case
A litigation lawyer can assist you with collect hard evidence. For example, there may be critical documents, reports and files which a lawyer can acquire on your behalf leading to success in your case.
By acquiring a litigation lawyer, they can reduce the time and stress involved as they are able to write and apply to the court on your behalf.
Acquiring a litigation lawyer early on in a professional negligence matter is essential as they can inform you of specific time limits which may apply to your case.
4. Reduce stress settling outside of court
Court processes can drag on for months and years. In professional negligence cases, this can be draining on the individuals involved whilst they wait to give evidence, and for an outcome to be reached. However, a lawyer may be able to offer options such as using alternative dispute resolution to settle the debt claim outside of court.
Not all professional negligence claims are sorted in court. A litigation lawyer can advise you on the most suited options to your matter. It may be possible to use alternative dispute resolution to settle your professional negligence claim outside the court, saving you time and money.
how a lawyer can help with professional negligence
Our expert professional negligence lawyers will treat your claim with respect and dedication. Going through a professional negligence claim can be stressful, costly and drawn out, but our team are here to provide clear and concise advice.
A professional negligence lawyer will assist you with dispute resolution and mediation and will aim to resolve claims before they go to court. However, should your claim go to court, you can be assured that LGBT Lawyers have the training and knowledge to fully support your case.
Having a litigation lawyer on your side during a professional negligence case will help you understand how strong your case is, and how credible the other side’s evidence is.
At LGBT Lawyers, we tailor our legal services specifically to the LGBT community and everything that being LGBT entails. Our network of regulated and qualified LGBT Lawyers will ensure your legal requirements are met.
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