In the UK, thousands of professional negligence claims are brought every year. Whenever harm is suffered as a result of the action (or lack of action) of an individual or organisation, there’s a case to be made for action in court. Let’s take a look at what the process involves.
Making a Claim
Professional negligence claims usually follow the same basic process. Your first step should be to get in touch with a qualified solicitor that specialises in professional negligence claims. They’ll be able to guide you the rest of the way.
While it’s possible to proceed without representation of this kind, the overwhelming majority of successful claims are made with the help of professional expertise.
The next step is to go through the pre-action protocols. These are the things that you do before action is taken. You’ll send what’s called a ‘letter of claim’, to the party responsible for the negligence, outlining what’s required. They will have three weeks to respond to the claim, following which they have three months to investigate it in greater detail.
In some cases, the defendant will accept their wrongdoing. In others, you’ll need to have gathered as much evidence as possible on the claim. Your lawyer will be able to tell you whether a particular piece of evidence is relevant, and which pieces of evidence you need to look for.
Much of the time, cases of this sort are settled before they arrive at court. The representatives of both parties will take care of the negotiating, in most cases – meaning that you needn’t worry about it, yourself.
Note that you must start your legal action within three years of the negligence occurring, or from your eighteenth birthday (whichever came latest).
How can I be Sure whether I’ve been a Victim?
Professional negligence is something quite specific. There are three criteria to look at.
Did the Professional owe you a Duty of Care?
If the professional did not owe you a duty of care, then they cannot have acted negligently toward you. So, your doctor, lawyer, or carer might owe you a duty – but the person who delivers your shopping probably doesn’t.
Did the Professional Fail in that Duty of Care?
The professional will need to have fallen below the standard of care that would have been provided by a skilled member of the profession. This is where a specialised lawyer can be very useful – they can bring in expert witnesses who’ll be able to
Were you Harmed as a Result?
You can’t be a victim of negligence if you haven’t suffered any harm. This harm might be physical, mental, or it might be financial. In the latter case, you’ll need to need to evidence the amount you’ve spent, and the earnings that you’ve lost.
