Do I have a claim?
As soon as you contact us we start assessing the strength of your case for claiming professional negligence and very quickly give you an indication of whether you have grounds to pursue a claim.
Whether a viable professional negligence claim arises will typically depend on six key factors:
The exact nature of the duty (responsibility) owed by the professional will vary from case to case. It is often dictated by the contractual terms on which the professional was instructed and the expectations of the parties who would rely on their services – and to what extent.
An error by the professional will generally be negligent if it is an error that a competent professional would not have made.
For a viable claim to arise, an errory by the professional must have caused you or your business a loss.
The remedy for a professional negligence claim will be a monetary award, reflecting the loss caused. Calculating this loss can be a complex exercise, with the approach varying significantly from case to case. A client will be expected to take reasonable steps to minimise their loss (a process known as “mitigation”). The calculation can also take account of any errors made by the party bringing the claim or third parties which contributed to the loss.
Most professionals will maintain insurance cover, which would typically fund any compensation to be paid by the professional. However, there can be occasions when insurance is not available – for example if the professional has ceased trading and failed to arrange run-off insurance cover. The existence of insurance cover, or other significant assets of the professional that can fund a compensation award, is therefore an important factor in determining whether a claim is worth pursuing.
Regardless of the errors made by a professional, and the resulting loss, the strength of a claim will ultimately depend on what can be proven. Good record keeping and document management are helpful in identifying and obtaining the evidence needed to prove a claim.
To discuss whether you have a viable claim, or you would just like more information at this stage, please contact Mark Osgood.