Key questions following professional negligence

30th April 2015 by

Has a professional’s negligence caused you to suffer financial loss? If so, you are going to have to consider some pretty serious questions before you look to instruct a professional negligence lawyer to help you claim?

First off, you will have to ask yourself whether the professional in question has liability insurance that will cover the cost of compensation – without this there is little point in even pursuing a claim, as any victory is likely to be merely Pyrrhic.

Who should have Professional Indemnity Insurance?

Professional Indemnity Insurance (PII) is essential for any business that gives advice, is charged with responsibility for intellectual property, provides a professional service or handles sensitive data. As such, professions including architects, IT consultants, journalists, solicitors, surveyors and tax consultants should all have strong PII in place to help them stay protected in the event of a professional negligence claim.

If your grievance is with one of the above professionals, and you have suffered financial loss, then you should take steps to check their PII status and, potentially, to commence a claim for compensation.

Reasonable skill and care

Professionals are professionals because of their specialist skills and knowledge – after all, this is what the client pays for. However, professionals must also take “reasonable skill and care” in exercising their skills and knowledge for the benefit of the client.

As such, one of the tests to determine whether negligence has occurred is to look at whether a reasonable professional working in the same field would have made the same or a similar decision – of course, it must also be proven that the client sustained financial loss as a result and that there was a duty of care.

Advice related to reasonable care, breach of duty and PII

For advice and information relating to your rights in making a professional negligence claim and how issues of reasonable care, breach of duty and PII might affect you, click here for more from Brighton and London professional negligence solicitors Healys LLP.