When you hire someone to do a job, you expect them to do it right, right? That’s why you don’t work with just anyone. You put the time into research and speak to companies, and when you find someone who has good reviews, provides affordable service, and claims they can do the job, you’re all set, right?
Theoretically, yes. Unless the person or company you hire doesn’t do the job right.
Unfortunately, while we might put in the time to find the right person to do a job for us, sometimes, they just aren’t able to do so. And occasionally, these people can end up causing stress and financial harm for you.
So, what do you do when this happens?
Well, one thing you can do is seek legal advice from a lawyer. The service provider or company you have worked with may have been negligent, and you might have a case of professional negligence.
Now, before you go all Erin Brockovich and start running to the courts ready to file a suit, you need to speak to a professional and understand where you stand. But, before you get to that point, keep reading to learn some more about professional negligence and how you can protect yourself today.
What is professional negligence?
The concise story here is that professional negligence is when a professional fails to exercise reasonable care and skill when providing their service to a client.
Now, it’s essential to understand that just because something doesn’t turn out the way you expect, you can’t always claim that it was professional negligence on their part. However, professional negligence can be claimed against many professionals, like financial advisers, lawyers, medical professionals, and accountants.
If their failure has led to financial distress or damage, you may be able to bring about a claim of professional negligence.
What are the key elements of a professional negligence claim?
Like we said before, just because something hasn’t necessarily turned out exactly as you expected, it doesn’t mean that you can claim it is professional negligence. Instead, there is the expectation for human error in every industry – mistakes can and do happen.
For the case of professional negligence to be legitimate, the professional has an obligation and responsibility of a duty of care; they need to have acted negligently; and you need to have suffered a loss, which could include property damage, severe financial loss, or damage; physical harm to yourself; and even death.
All three of these need to have occurred for you to have a valid and strong case of professional negligence.
What are the remedies for professional negligence?
If you have brought a claim and proven professional negligence against a professional, you will receive compensation depending on the extent of the damage or loss you have already suffered. For example, if you were physically injured and require ongoing treatment, this might be included in your compensation. If you win your case, your legal fees are likely covered by the compensation.
How do I file a claim of professional negligence?
The first thing you should do is talk to a lawyer about your professional negligence claims. They will be able to advise you as to whether you have a case, as well as any information you might be required to prove it, and they will be able to help you fight for your rights as a consumer.
As professional negligence cannot be claimed in every industry, those who work in the sectors that do commonly see these kinds of claims are likely to be well aware of these laws, so it’s essential you work with someone professional, understanding, and highly experienced.
A great lawyer will be there for you every step of the way when it comes to your professional negligence claim, from your initial consultation to when you win your case, so make sure you choose to work with someone you can trust.
