“Professional negligence is a breach of the duty of care between professionals and their clients. The duty of care is a common law arrangement where the client expects a level of professionalism and standards commonly held by those in the profession.”
To understand professional negligence, think of it in the situation of a business and an accountant. The accountant doesn’t do their job properly, and because of that, the business makes a loss.
In that case, the business can file a case against the accountant for professional negligence.
Filing for professional negligence
If in any situations where there has been some sort of financial loss to an individual, business or company due to the carelessness of a paid professional service there can a professional negligence case.
To file for professional negligence, it’s important to comply with the professional negligence pre-action protocol, which has been created under civil procedure rules which are the governing body for civil court proceedings.
Professional negligence claims must be made within 6 years of the date or breach of contract or within 6 years of when the individual or company suffered loss due to the neglect.
However, if you only became aware of the loss caused by the negligence after 6 years then you will be entitled to claim later than after six years.
There are other exceptions, but you should try and make your claim as soon as you’re sure you have a case.
Your claim won’t always go to court, most lawyers will try and resolve case via mediation and other dispute resolution methods. In fact, the Civil Procedure Rules require that the case be put through some sort of dispute resolutions before entering the court.
Common cases of negligence include: