Understanding Professional Negligence
Should I instruct a Solicitor for Professional Negligence?
Expert Advanced Paralegal Poppi Herald shares insights on the concept of professional negligence.
In our daily lives, we often rely on professionals like solicitors, accountants, or architects to guide us in making informed decisions. However, what happens when these experts fail to meet the expected standards of their profession? This is where the concept of professional negligence comes into play.
What is Professional Negligence?
Professional negligence occurs when a qualified professional fails to perform their duties to the expected standard, causing harm or loss to their client. This breach of duty can result in financial losses and may entitle the affected party to claim damages. The objective of such claims is often to restore the plaintiff to the position they would have been in if the negligence had not occurred.
Examples of Professional Negligence
Professional negligence can manifest in various forms, including:
- Breach of confidentiality
- Failure to provide sound advice
- Poor business strategy recommendations
- Overlooking structural issues in a property
Each of these instances can severely impact the client's interests, leading to potential financial and legal repercussions.
Assessing a Claim
If you suspect that you've been a victim of professional negligence, it's important to understand the criteria for making a claim. You must establish that a duty of care existed, there was a breach of that duty, this breach caused the loss, and that the loss is recoverable. Professionals typically hold indemnity insurance, which can cover some of the losses and legal costs if negligence is proven.
Case study
We recently resolved a professional negligence case for our clients before any legal action was initiated against their former solicitors. Our goal is to facilitate amicable dispute resolutions whenever possible, thereby minimising our clients' costs. In this instance, our pragmatic approach resulted in a five-figure settlement, allowing our clients to reach a status they should have reasonably expected had the negligence not taken place.
This case highlights the significance of settlement negotiations between parties, especially the strategic use of a formal offer to settle otherwise known as Part 36. Part 36 of the Civil Procedure Rules (CPR) in England & Wales L aw is a provision that encourages parties to settle disputes before going to trial. It is a formal offer to settle a claim made by either party in a dispute and can be made at any point, including before court proceedings.
Seeking Help
At Enoch Evans Solicitors, our Litigation & Dispute Resolution team offers expert advice on pursuing or defending professional negligence claims. Our approach focuses on resolving disputes amicably, often securing settlements that minimise cost and avoid lengthy legal proceedings. Recently, we secured a five-figure settlement for a client against their former solicitors, demonstrating the effectiveness of strategic negotiation.
For further assistance, feel free to reach out to our team:
Stephen Nixon Telephone: 01922 728119
Poppi Herald Telephone: 01922 687700
Understanding your rights and the professional obligations owed to you is crucial in navigating potential negligence claims. Whether you're seeking advice or contemplating a claim, professional guidance can make all the difference.