Professional negligence is a situation where we find a breach of duty between professionals and their clients. All professionals have an obligation to perform their services according to certain rules that are characteristic to their domain. These rules are either dictated by a contract between a professional and a client or by certain institutions or laws that regulate public services. The most well known cases of professional negligence are the medical negligence ones. These are usually very serious given the fact that patients intrust their health care providers with their health and even their life.
In order for an accident to fall under the category of negligence it needs to have a breach of duty. This means that a professional is deliberately or unwillingly performing his job below the professional standard. This standard differs according to the industry as well as the state where the accident is happening. In order for a breach of duty to exist the customer must have already made an agreement with the professional. In the medical world the patient needs to be under the care of a doctor in order for that doctor to be responsible for the patient’s well being.
Usually if you suffer physical or emotional damage due to an accident that could have been prevented if the professional with whom you were dealing had done his or her job in a proper manner, you are entitle to some sort of compensation. The compensation is usually financial and it is determined according to the seriousness of your injuries. In order to take legal action it is advised that you find a solicitor that is specialized in cases that are similar to yours.
Usually after you discuss things with your solicitor you will send a written claim to the person who is responsible for your injuries. That person will probably hire a lawyer as people are rarely willing to own up to their mistakes. His or her lawyer and your solicitor will discuss things over in order to see if a settlement can be obtained or if there is a need for a lawsuit.
Professional negligence cases are usually pretty expensive and can go on for a long time. Unless your solicitor has a no win-no fee policy, you will most likely have to pay a lot of legal expenses before getting your compensation.
While negligence claims can be exhausting and expensive, it is important to handle them in a proper manner. As a consumer you have certain rights that need to be respected. Furthermore not taking advantage of your legal right will not only harm you, but it could also harm other consumers that will come in contact with the person who caused your injuries.