A professional negligence case occurs when negligent advice is given to a client by a professional that is relied upon resulting in loss.
This is usually a monetary loss but sometimes it is a loss of opportunity. The most common areas dealt with by our team involve:
- Tax advisors
- Financial advisors
- Healthcare professionals
- Accountancy negligence
- Negligence of financial advisors
We at Berwick Solicitors have over thirty years’ experience practising in this area of law. We work closely with expert witnesses and expert counsel. It is for this reason that we can guide you through what is often seen as, a complex area of law.
The first step in a professional negligence case, is to obtain an independent expert report. This has the advantage of confirming at an early stage if you have a good case. The time-limit for taking a professional negligence case is six years from the date on which the negligent act occurred. It is important to seek legal advice as soon as possible because sometimes this commencement date is uncertain.
Our Professional Negligence Team
Is there a time limit in which I must make my claim for professional negligence?
The time-limit for issuing proceedings in a professional negligence case is six years from the date on which the negligent act occurred.
Do I have to submit my claim to injuries board
No, unlike other claims for person injuries arising out of negligence, a claim for professional negligence is not submitted to the injuries board. Most claims for professional negligence are processed either through the Circuit Court or the High Court depending on the level of damages anticipated in each case.
Why do I have to get an expert report?
The High Court has made it very clear that an independent expert report should be obtained before issuing proceedings for professional negligence. While this is an expense at the very beginning of the case, it does have the advantage of confirming whether you have a good case or not. It is better to sustain the cost of an independent expert report and find out that you have no case at an early stage rather than finding out that you have no case when you’re on the steps of court having incurred substantial legal costs.
What am I entitled to if my claim is successful?
The plaintiff’s damages may include compensatory and punitive damages. In a negligence case, the court will be strictly concerned with pure economic or financial loss. Punitive damages (also known as exemplary damages) are only awarded in the event of wanton and reckless conduct.
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