When you are the victim of professional negligence, like legal malpractice, the idea of hiring professional negligence lawyers can feel overwhelming. In reality, professional negligence lawyers can help clients more easily overcome the legal obstacles they will face when suing a professional for negligence.
Ross Sears and his conscientious team of professional negligence lawyers at Sears & Crawford know how to aggressively pursue negligent professionals to the full extent of the law. We help our clients submit legal claims, seek justice, and obtain compensation from professionals whose actions caused them harm.
Learn more about why and how we sue lawyers, architects, accountants, and other professionals, then call us at 713-223-3333 to set up a consultation today.
What is professional negligence?
When someone has been designated a professional, the people who enlist their services make the reasonable assumptions that the person they’re hiring has mastery over their profession, will act in a trustworthy manner, and will look out for the best interests of their client.
Because professionals have specialized knowledge and can perform services that the average citizen cannot, their clients are forced to rely upon them. You should be able to trust in the professional you hire without worrying that they may do something that harms you.
When professional negligence occurs, that respect and trust is violated, and the result is harm. In professional negligence cases, this harm is typically financial harm, but may extend to harm to one’s reputation, property, or physical person.
How do you prove professional negligence?
There are four standard elements involved in proving that professional negligence occurred. Your professional negligence lawyers will be familiar with these steps and will know what evidence should be gathered to prove that professional negligence occurred.
- That the professional owed you a duty: You hired the professional in question and they agreed to render services to you. Contracts are the typical primary evidence used to prove that a relationship between you and the defending professional was established that creates the duty.
- That the professional breached their duty: To breach a duty in these cases is to fail to perform actions promised in your agreement. In professional negligence cases, this breach of duty can come in many forms, including negligence, breach of fiduciary duty, breach of contract, fraud, and more.
- That the breached duty is what caused damages to occur: Your lawyer will need to prove that the professional’s breach of duty, and not some other cause, is what created harm or damages.
- That the damages occurred: This element of proving professional negligence might seem superfluous, but it helps protect professionals from being sued when no damages occurred. In most (but not all) professional negligence cases, your professional negligence lawyer at Sears & Crawford will have to prove actual damages resulted from the professional negligence.
Central to all of the above elements is the idea of duty of care/standard of care. Legally, professionals are held to a minimum standard duty of care to their clients and customers.
To establish the standard of care, your Sears Crawford attorney must show that the professional negligence occurred because the professional either did something that a reasonable and prudent professional in the same or similar circumstances would not have done, or that the professional negligence occurred because the professional you hired failed to do something that a reasonable and prudent professional in the same or similar circumstances would have done.