Making a Professional Negligence Claim - It's Never Too Early to Get Advice
'A stitch in time saves nine' is a well known saying, and it is especially true when you are dealing with professional negligence claims. If you have been dealing with a professional advisor (such as a vet, doctor, dentist, accountant or barrister), and you think that they might have been negligent, don't waste any time investigating whether you might have a claim against them.
But why the rush, surely if a serious mistake has been made, the guilty party must pay? There isn't a statute of limitations on a professional negligence claim is there?
Well in effect there is and ignorance of this simple fact causes hundreds of potential claimants every year to wish that they had been quicker off the mark once their suspicions had been aroused.
Usually the professions are not backward at coming forwards when it comes to chasing their professional fees so what stops people like us from checking out our suspicions with a qualified solicitor who specialises in professional negligence claims?
Lack of awareness
- Perhaps they were simply unaware of the negligence until it is too late to do anything about it. This is however unlikely as Professional negligence is defined as misconduct or malpractice which results in damages to their client.
- Maybe the client was not aware of the duty of care legally imposed upon their professional advisors and so didn't realise that they had the right to sue.
Inappropriate trust
- Clients rely on their professional's advice and they may come to believe, rather foolishly, that their advisor is infallible. Nobody enjoys accusing people that they have previously trusted, perhaps for several years, but it's sadly true that even highly qualified professionals can get things wrong. Why do you think they pay large sums of money every year for professional indemnity insurance!
- Perhaps you prefer a softly softly approach and are tempted to complain to a professional body first and keep a possible professional negligence claim as a last resort. This might be the "reasonable thing to do" but you should be aware that some of these bodies can move extremely slowly and all the time the clock is ticking. The best advice is to speak to an expert solicitor first.
Limited personal funds
- We all know that raising an action in court can be an expensive and time consuming. Rarely is success guaranteed. Your friends may tell you it is better to write off the loss to experience rather than pay out a lot of money but do they really now the realities of this legal minefield? You should always talk to a specialist professional negligence solicitor about your options before making a decision. They will look into the merits of your claim, and if they think it is valid they will be able to give you advice as to which of the available funding options will be most appropriate for you. Some professional negligence solicitors will run claims on a no win no fee basis - so you won't need to shell out hard cash.
- Most professional liability specialists will actually try to save you time and money by seeking to negotiate an out of court solution with the other party. Only if this fails will the resort to going to court.
Not unreasonably, you expect professionals to give you the best possible care and advice. If they let you down you may be able eligible for compensation but delaying could cost you dearly. If you think there has been professional negligence, speak to a specialist solicitor straight away so that you can proceed relying on expert advice.