Normally when you are facing court proceedings or dealing with the negligence of a professional you turn to a solicitor to handle your case and get the compensation you feel you deserve. However, what happens when the professionals who are negligent are lawyers themselves, well this is when people can file professional negligence claims against solicitors.
You may be wondering if you are entitled to make a claim of professional negligence. If this is the case, then you have come to the right place as in the following article we will discuss the various situations and stipulations that would mean that you are legally entitled to make a claim against a negligent solicitor.
There are 3 stages that test the validity of your claim.
The Professional Owed You A Duty Of Duty Of Care
It is usually very easy to show where and what you instructed the professional to do for you. The professional solicitor owed you the duty to carry their assigned work with due diligence and proper skill, and within a reasonable amount of time. However, it is important to note that if you did not directly instruct the professional, in this situation the solicitor, then whether or not they owe you a duty of care will depend entirely on the proximity of the relationship between the professional and yourself.
The Professional Breached The Duty Of Care
The issue at this stage is whether or not the professional’s work fell below the expected standard of someone who was a reasonably competent professional. While in some situations a mistake may be glaringly obvious, more often it is far less obvious. It may be that you need the expert opinion of another professional solicitor in the same field to establish what the expected standard is and whether or not the professional in question’s work fell below this standard.
The Professional’s Breach Of Duty Caused Loss To You
Although it may seem like it would be, this is not always as obvious as it would seem. Even if it is determined that the professional’s conduct and work was negligent, you still have to prove in some way that any loss you suffered was directly linked to this negligence. This means that if you would have lost something financially whether they were negligent or not, they are not responsible for the loss. It is also the same if the negligent conduct or advice does not produce the results that you were expecting.
What Should You Do If You Are A Victim Of Professional Negligence
If you feel that you have been the victim of professional negligence by a solicitor or any other professional, then you should contact a negligence lawyer immediately. The reason for this is because there are time limits that apply to claims for professional negligence, and it is always best to act as soon as you possibly can when the memories and evidence is fresh.
A good negligence lawyer will provide you with a free initial case assessment and offer you very clear and concise advice that will help you to take the best course of action for your situation.