Negligence is the failure to take proper care over something.  It's when there has been lack of care and attention, non-fulfilment of duty or service, laxness and poor conduct in a paid service from a professional.

If you have received inadequate advice or improper conduct from a qualified, professional person and it’s caused you to lose out financially as a result, you may be entitled to make a claim for professional negligence.

When dealing with clients, providers of professional services are legally bound to take reasonable skill and care.  Through their own professional body they are required to operate to a code of conduct, so if they make mistakes (that a similar professional would not have made) and you lose money as a direct result of the mistake, then they are liable for damages.

The term ‘professional’ covers a broad spectrum and can include any of the following: 

• Accountants
• Surveyors (house, building, marine)
• Engineers (electrical, structural, highways)
• Financial Advisers
• Solicitors (converyancing, contract)
• Architects
• Insurance Brokers
• Consultants (tax, employment, HR)

If you can establish that the duty of care on the part of the professional was breached, then its possible you may have a case.  To do that you may want to speak to a solicitor.  On reviewing your case, they can assess whether the defendant has matched the expected capabilities of a reasonable person in the same profession, or if they have fallen short.

If it is clear that the duty of care has been breached, then it is also necessary to prove that your financial loss came about as a direct result of the negligent professionals actions.  It is only possible to claim for losses that are reasonably foreseeable.

When making a claim, it is advisable to use the services of specialist professional negligence solicitors.  They will follow the procedure for making a claim for professional negligence, as there are many risks associated with ‘DIY' that may incur cost penalties or your case being thrown out completely.

If you do go to court its essential that you can demonstrate that you have tried to co-operate with the defendant in an attempt to settle the case without going to court.  By speaking to a solicitor with professional negligence expertise, you can quickly understand if you have been let down by your provider and agree on the next steps to try and recoup your financial losses.

For more information and an informal discussion call North Devon’s Samuels Solicitors on: 01271 308049.