When professional experts give the wrong advice, the consequences can be devastating. Sara Beaumont explains how you can obtain the compensation you are entitled to.
Professional negligence is a challenging and highly technical area of law and most people making a claim use a specialist solicitor to guide them through what can be a lengthy and complex process.
A successful claim must address three basic requirements:
- Negligence – the service or advice was significantly below the reasonably acceptable level for the profession, trade or industry.
- Causation – bad or incorrect advice caused you actual harm, such as financial loss or medical injury. Proving negligence alone is not enough – you must also show that it resulted in harm you would not otherwise have suffered.
- Valuation – establishing a value for your injury or loss, also known as the quantum.
Breach of contract claims
In addition, it’s possible to claim compensation if the poor service breached the negligent party’s contract or agreement to provide the service.
Even if the contract – also referred to as ‘terms of business’ – does not not specifically address negligence, the law frequently operates on the basis that the contract does in fact cover the issue, due to ‘a breach of an implied term of the contract’.
This contractual point is often made when a professional negligence claim is instigated.
The question of time limits
If you have a viable case for compensation, your solicitor will review a number of further issues, including whether you are within the legal time limit to make the claim. Known as the limitation deadline, this is a complicated field of law and claimants typically use specialist legal advice on how it relates to their case.
In general terms, though, the time limit is normally six years from the date of the negligent act, or the date you suffered your loss. If the negligence caused a physical injury, the time limit is commonly three years.
It should be kept in mind, though, that there are numerous exceptions to these rules. Sometimes you can ask the court for an extension of the time limit if, for example, you weren’t aware of the negligence when it happened – in some situations, the negligence is deliberately withheld from the claimant.
The financial viability of making a claim
Another key consideration when deciding whether to pursue a claim is your opponent’s ability to pay. Clearly there’s no point making a claim if the negligent party doesn’t have enough money to pay the compensation you are seeking.
If you are making a claim against an individual, essential questions include: Is the person bankrupt? Does he or she own a property? Would their home insurance cover the claim?Where business opponents are concerned, it’s vital to establish if the firm is still trading? Is it subject to insolvency proceedings? Was professional indemnity insurance in place to cover claims for negligence?
In the vast majority of professional negligence cases, the person at fault is appropriately insured. This often works to the claimant’s advantage because the insurers tend to take an objective and pragmatic commercial view of the broader situation. Typically, insurers will want to conclude an agreement that takes into account the financial risk of their client being taken to court and losing.
For further advice on making a professional negligence claim, call Sara Beaumont on 0161 761 4611 or email her at sara.beaumont@whnsolicitors.co.uk
