Professional negligence occurs when a professional fails to provide a service meeting the standard expected in their field, and this failure causes you a loss.
Professional Negligence Law in Birmingham
When professionals such as accountants, financial advisors, solicitors, surveyors, or architects fail to meet the required standards in their work, the consequences can be severe. Professional negligence occurs when a legal professional's substandard service or poor advice, resulting from a lack of reasonable care, causes you to suffer a loss. This loss might be financial, involve damage to property, or even personal injury. Understanding your rights and the process for making a claim is crucial if you believe you have been affected by professional negligence in Birmingham.
FAQs
What types of professionals can be held liable for negligence?
Many professionals can be held liable, including solicitors, accountants, financial advisors, surveyors, architects, engineers, doctors, dentists, and vets.
What kind of losses can I claim for?
You can typically claim for financial losses, property damage, or personal injury directly caused by the professional's negligence.
How long do I have to make a professional negligence claim?
Generally, you have six years from the date you suffered the loss, or three years from when you became aware (or should reasonably have become aware) of the negligence and the resulting loss.
What is the process for making a claim?
The process typically involves assessing the validity of your claim, notifying the professional, gathering evidence, sending a Letter Before Action, attempting to negotiate a settlement, and potentially going to court if necessary.
Do I need a solicitor to make a professional negligence claim?
While not mandatory, professional negligence law is complex. A solicitor can significantly increase your chances of success and ensure you receive fair compensation.
How much compensation could I receive?
Compensation aims to put you back in the position you were in before the negligence occurred. The amount depends on the extent of your losses.
What are the costs involved in making a claim?
Many solicitors offer conditional fee agreements (no win, no fee) or work on a damages-based agreement, making claims more accessible.
Can professional negligence claims be resolved without going to court?
Yes, many professional negligence disputes are resolved through alternative dispute resolution methods like mediation or negotiation, avoiding the need for litigation.
What is the difference between professional negligence and clinical negligence?
Clinical negligence is a specific type of professional negligence involving healthcare professionals. While all clinical negligence is professional negligence, not all professional negligence involves clinical care.
