A common phrase often associated with negligence claims is “bad advice”. However, the ambit of professional negligence is wider than this and occurs when a professional (which covers a number of professions) fails to perform his responsibilities to the required standard. For example; a solicitor may miss an important time limit or fail to advise you properly on a settlement offer.
Professional negligence claims have become more common in recent years. This is due to a combination of factors including an increasing reliance upon professional advice, the complexity of work carried out, and a raised awareness of legal rights. If you have questions about Legal Negligence, call the friendly attorneys at Sears ✯ Crawford, L.L.P. for your free consultation.
There are a number of reasons why you may be seeking to pursue a claim against a professional. These include being unhappy with the service provided, not receiving the outcome/result expected based upon the advice of the professional, or even breach of contract.
To be successful with your claim you will need to demonstrate that you were owed a duty of care by the professional involved, the professional breached the duty of care, and the breach caused a loss to you. The mere fact of an error or bad service does not necessarily constitute negligence. You will need to demonstrate that the services provided by the professional fell below the standards of a reasonably competent professional, having regard to the standards normally expected in his profession.
It is also worth bearing in mind that in addition to a claim for negligence there may be a claim for breach of contract and/or statutory duty, or in some circumstances misrepresentation and/or fraud. This is why speaking to an attorney from Sears ✯ Crawford, L.L.P. about your claim is necessary.