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How to know if you have a Professional Negligence Claim?

The issue of professional negligence arises when a professional person fails to meet the standard expected of him/her, which results in his or her client suffering from loss and damage. A professional can be from any field, be it an Professional Negligence Lawyers, engineer, architect, doctor, barrister, graphic designer etc. Professional negligence is a complicated area under law which has several requirements to be fulfilled by you (the client), in order to bring in a successful claim of negligence.

Duty of Care

This situation arises when you a contractual relationship with the professional, which states that you have assigned that particular person to do a particular task for you or to give you some advice and they hence, owe you the duty of care to get the job with the required responsibility and care. So the first thing you need to bring in a case of professional negligence is the contract.

Breach in Duty

The second question is whether the particular professional's conduct fell below the standard that is professionally required. The standard is determined objectively and whether it is the standard expected of a competent professional of the same field. In other words, if the advice or action given by the professional person is not in accordance with other competent professionals of the same profession, then it can be considered a breach of duty.

What You can Claim

The objective of professional negligence claim is to restore you to your previous financial position that you were in before being involved with the professional. Your claims may include compensations for the expenses you incurred in the alleged negligence or the loss of profits.