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A guide to professional negligence claims

Filing professional negligence claims can often be a lengthy or difficult process, especially without expert support.

The process should never be rushed and we at Mander Hadley, would always advise speaking to a specialist in this field, before going ahead with the claim.

To help individuals understand professional negligence claims a little more, we have put together a quick guide on everything you need to know.

What is a professional negligence claim?

Broadly speaking professional negligence occurs when a professional fails to perform their responsibilities they were hired or instructed to do to a reasonable standard and as a result of which you will have suffered financial loss, physical damage, or injury to yourself, an employee or customer.

A professional negligence claim can be made against anyone that is considered to have expertise in the services they provide irrespective of the field they work in.

What makes a strong negligence claim?

To persuade a court that negligence has occurred you will need to prove:

  • You were owed a “duty of care”
  • The duty of care was breached
  • The breach caused you a loss
  • The loss you suffered was reasonably foreseeable.

Contributory Negligence

A professional is able to raise the defence of ‘contributory negligence’ and argue that you caused or contributed to the loss you have suffered. If the defence were successful, the losses claimed and awarded would be reduced by what was considered to be an appropriate percentage split in liability.  The percentage is either agreed by negotiation or, in the absence of an agreement, decided by a judge.

How do I file a professional negligence claim?

Filing a claim as a litigant in person is often an uphill battle. This could be because you are dealing with a professional or company, who could be more well-prepared for these situations.

We believe it is crucial that you seek legal advice and support to help guide you every step of the way and who can consider the merits of your claim at the outset.

The friendly and knowledgeable team at Mander Hadley are here to help. If court proceedings are inevitable, we can help you assess what can be achieved and how the matter may be dealt with in a proportionate manner.

For more help or advice on matters relating to professional negligence, please contact us today.   We are happy to have an initial, free, no-obligation chat to briefly discuss your potential claim with you.

Mander Hadley

Mander Hadley Solicitors is not only a long established firm, but is vibrant and successful, with a forward thinking approach.