Professional negligence is a legal concept that refers to the failure of a professional to exercise a reasonable standard of care in performing their professional duties. Professional negligence is a complex area of law and can arise in many different circumstances.
When a professional breaches this duty of care it can result in significant harm to their clients, and the professional may be held liable for professional negligence. This could occur in industries such as accounting and finance, law, architecture; basically, any profession where a standard of care is owed to clients.
An accountant for example may have breached their duty of care by:
- Providing inaccurate or incomplete financial statements: If your accountant prepares financial statements that are inaccurate, misleading, or incomplete, this could result in significant financial loss for you. If you can prove that the accountant was responsible for the errors and that these errors caused you financial harm, you may have a claim for professional negligence;
- Failure to detect fraud: Accountants have a responsibility to detect fraud and report it to the appropriate authorities. If your accountant fails to detect or report fraud, and you suffer financial loss as a result, you may have a claim for professional negligence;
- Poor tax advice: Accountants are often called upon to provide tax advice to their clients. If your accountant provides incorrect or inadequate tax advice that results in you paying more taxes than you should have, you may have a claim for professional negligence;
- Failure to meet deadlines: Accountants have a responsibility to meet deadlines for the preparation of financial statements, tax returns, and other important documents. If your accountant fails to meet these deadlines, and you suffer financial loss as a result, you may have a claim for professional negligence.
Solicitors have a responsibility to provide you with accurate and comprehensive advice regarding your legal rights and obligations. If your solicitor provides incorrect or inadequate advice, and you suffer financial loss as a result, you may have a claim for professional negligence. Further examples could include:
- Missing a deadline; Solicitors are often required to meet strict deadlines in legal proceedings. If your solicitor misses a critical deadline and this results in you losing a legal case, or facing additional costs, you may have a claim for professional negligence;
- Solicitors have a responsibility to provide you with adequate representation in legal proceedings. If your solicitor fails to do so, and this results in you losing a legal case or facing additional costs, you may have a claim for professional negligence;
- Losing documents or failure to retain evidence: Solicitors have a responsibility to safely store and retain all relevant documents and evidence in a case. If your solicitor loses important documents or fails to retain evidence, and this results in harm to your legal interests, you may have a claim for professional negligence;
- Failing to take appropriate steps to resolve a dispute: Solicitors have a responsibility to take appropriate steps to resolve disputes in their clients’ best interests. If your solicitor fails to do so, and this results in harm to your legal interests, you may have a claim for professional negligence.
When a professional breaches their duty of care, their clients may be entitled to make a claim for compensation. It is important to note that making a claim for professional negligence is a complex process and requires evidence of the professional’s breach of their professional obligations, as well as evidence of the financial loss or harm that you suffered as a result. A litigation solicitor can assess the merits of your case, advise you on your rights, and help you navigate the legal process.
Dispute resolution is an important part of professional negligence cases. Many disputes can be resolved through negotiation or mediation, which can be quicker, less expensive, and less stressful than going to court. However, in some cases, court proceedings may be necessary to resolve the dispute and secure compensation for the injured party.
Cognitive Law is a leading law firm that specialises in professional negligence cases. The firm is dedicated to providing clients with expert legal advice and representation and has a reputation for delivering outstanding results in complex and challenging cases.
Professional negligence is a serious issue that can have significant consequences for those affected. It is important to seek the advice of a qualified litigation solicitor if you believe you have suffered as a result of professional negligence. Cognitive Law are leading experts in this field and can provide you with the support and guidance you need to resolve your dispute and secure the compensation you deserve.
For more information or to contact us about a potential professional negligence claim please call 0333 400 4499.