This Beginners Guide to Filing a Professional Negligence Claim
Any type of claim is difficult to file and can take a while to receive the results. It is not difficult to file a professional negligence case. Covid has impacted every part of the UK and the legal system is no exception.
If you are interested in filing a professional negligence case, be patient and know that it may take some time. This guide will help you understand the basics of filing a professional negligence claim.
What is a Professional Negligence Claim and
Professional negligence refers to the failure to fulfill duties. This can mean that they didn’t perform the required duties or that they simply did not do all of the tasks they were hired for. A few signs that professional negligence is common are: These include conflicting advice, slow communications, and making excuses frequently.
If a contractor you hired to do work on your home was slow to get back to you or made excuses for not finishing the job, this could indicate that they were negligent. If your condition is not improving or worsening, you could also be under medical care.
To determine if you have a case, you need to consider whether the professional breached a duty to you and if you have suffered any loss as a result. The duty of care breach can be applied to doctors, but it can also apply to other professionals.
A number of professionals can be sued for professional negligence, including architects, property managers, trade unions, accountants and solicitors. You may be able to file a professional negligence case if you have solicited professional’s work and they breach the contract or duty.
How to Make a Claim
You can file a claim up to six years after the date of negligence. This is a good thing, as many people don’t realize they may be eligible for professional negligence compensation until several years later. You have six years to gather evidence and build your case.
A professional negligence solicitor can help you through the entire process if you feel you have a case. Hugh James’ professional negligence solicitors are experts in this field. You will need to do a lot of research and understand the legal jargon before you can file a claim. This will increase your chances of winning your case.
It is difficult to predict how long a claim will take as each case is different. Many factors can influence how long it takes to file a claim. For example, if a claim has to be filed after an incident occurs, it may take longer.
If the negligence claim is accompanied by a dispute with the other party, it can increase the timeframe as there will be much back and forth between the parties. It is difficult to predict the timeframe for a negligence case, so be ready to wait and see.
After you have hired a professional solicitor to represent your case, they will begin the pre-action protocol. Pre-action protocol is where the claimant gives the negligent party a full explanation of all claims. This covers both the negligence allegations and the loss caused by the negligence.
This information will be provided to the negligent professional as a Letter of Claim. The professional or their solicitor must acknowledge the Letter of Claim within 21 days. They then have additional time to investigate the claims and issue a Letter in Response. The claim can then be continued. Professionals may want to accept liability or start a dispute.
A professional negligence case can help people who believe they were negligently treated by a professional. Compensation can also be an option to make up the difference. It may be time-consuming, but it can be worthwhile if you suffer from negligence.