Mistakes made by any professional, such as:
- Medical Negligence (Doctor or Consultant)
- Engineer
- Quantity Surveyor
- Estate Agent / Auctioneer
- Any other professional / expert
Experience
We have considerable experience in dealing with professional negligence claims and professional indemnity insurance companies.
– Where negligence results in injury / financial loss.
If you think you may have a claim for professional negligence, please Contact Berwick Solicitors in Galway for a no obligation consultation.
Professional / Solicitors Negligence – Frequently asked questions:
Is there a time limit in which a 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 the 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.
In contentious business, a legal practitioner shall not charge any amount in respect of legal costs expressed as a percentage or proportion of any damages (or other moneys) that may become payable to his or her client or purport to set out the legal costs to be charged to a junior counsel as a specified percentage or proportion of the legal costs paid to a senior counsel. A legal practitioner shall not without the prior written agreement of his or her client deduct or appropriate any amount in respect of legal costs from the amount of any damages or moneys that become payable to the client in respect or legal services that the legal practitioner provided to the client.
