If you believe you have a claim for professional negligence, you must act quickly because there is a deadline for filing a claim, known as the “limitation period.” In this article, Professional Negligence Limitation Period, we consider the process and mechanism involved.
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What is professional negligence?
In general, professional negligence occurs when a professional fails to fulfil his or her duties to the required standard. A claim may be founded on any of the following:
- Breach of an express or implied contractual term
- Breach of the duty of care owed in negligence, a tort
- Breach of fiduciary duty
- Breach of a legal obligation
Depending on the circumstances, these claims may be initiated by the professional’s client, but third parties may also be able to sue the professional.
Professional negligence is a component of negligence under English tort law. This is a common law legal system, which is a branch of the law that imposes civil liability for obligation breaches.
Professional negligence occurs when someone causes loss to another person as a direct result of their own neglect or recklessness, or when a substandard service results in loss or damage.
Are there different limitation periods?
Yes. There is a primary, secondary and longstop limitation period.
What is the primary statute of limitations for claims of professional negligence?
The primary statute of limitations for claims of professional negligence is six years from the date of loss. However, the law recognises that it is not always apparent that negligence has occurred until years later. Therefore, a second limitation period exists.
What is the secondary statute of limitations for claims of professional negligence?
The secondary statute of limitations for professional negligence claims is three years from the date you knew or should have known of the negligence (sometimes referred to as the “date of knowledge”).
What is the longstop period for claims of professional negligence?
There is a longstop date of 15 years from the date of the negligence/loss by which the claim must be brought, after which, regardless of when you first knew, or should have reasonably known, of a potential claim, you cannot bring it. It is lost to the elements of time and has been “extinguished.”
Claimants and defendants must be aware that if the statute of limitations has expired, a defendant has a complete defence to a professional negligence claim. It is irrelevant whether a claimant is confident in their ability to prove negligence. If the deadline has passed, nothing can be done (unless deliberate concealment can be demonstrated).
If you believe that you have been the victim of professional negligence and have suffered a loss as a result, you must act promptly to preserve your right to file a claim.
How can I prove a professional negligence compensation claim?
If a duty of care and skill was owed, your case must establish that an error was made that no reasonable professional would have made under the same conditions.
To substantiate your claim, you must provide evidence from an expert in the discipline in which the professional failed you. This expert testimony is typically a report compiled by another professional that emphasises the correct advice and/or behaviour that should have been followed. In addition, the expert will attempt to demonstrate what, in the expert’s opinion, a reasonable professional would have done in the same circumstances.
The measure of skill and care in a contractual claim differs slightly from that of a tort claim in that the case attempts to establish what is regarded as reasonable skill and care. In contrast, the standard for a tort claim is an objective evaluation of what a “reasonable man” would expect.
What’s the difference between negligence and professional negligence?
In theory, anyone who disregards the consequences of their actions is negligent. When a professional is negligent, however, they fail to exercise a reasonable amount of care or expertise.
Due to their specialised skills and knowledge, employers anticipate a superior level of care from professionals. Failure to satisfy reasonable standards may constitute a breach of the professional’s duty of care owed to the client.
Several variables will determine if a claim satisfies the criteria for professional negligence. The claimant must prove that the professional owed them a duty of care before filing a claim. After establishing the existence of a duty of care, the claimant must show that the professional breached this duty through their actions or inactions. In addition, the claimant must demonstrate that he or she suffered harm or loss as a result of (“causation”) the breach and would not have suffered the same had the breach not occurred.
What sort of losses can be recovered?
Losses must be a direct result of the professional’s negligence (i.e., they would not have occurred in the absence of negligence) and be reasonably foreseeable. The claimant is responsible for demonstrating, through the presentation of evidence, that the professional’s negligence has resulted in actual damages. The court will not consider hypothetical claims of loss that may have occurred regardless.
How we can help
We have a proven track record of dealing with professional negligence. We will guide you through the process and ensure all checks are carried out swiftly and efficiently. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.
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It is important for you to be well informed about the issues and obstacles you are facing. Expert legal support is crucial in terms of reducing risk, saving you money and ensuring you achieve a positive outcome.
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Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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